Brexit Highlights 30 September – 6 October 2019

– The latest UK proposal for a new protocol on Ireland/Northern Ireland was published.

– The Home Office updated its guidance – EU Settlement Scheme: family and travel permits

– The Medicines and Healthcare products Regulatory Agency updated its sets of guidance – Exporting active substance manufactured in the UK in a no-deal Brexit; Webinars: preparing to make submissions to the MHRA after Brexit

– The Department of Health and Social Care updated its guidance – Changes to nutrition legislation if there’s a no-deal Brexit

– The Department for Education updated its guidance – Brexit: preparations for schools in England

– The Office for National Statistics published a new set of statistics – The UK contribution to the EU budget in 2018

– The House of Commons Library produced new research briefings and blog posts – What would a no-deal Brexit mean for UK and EU defence cooperation?; Brexit: trade tariffs if there is no deal; International and EU students in higher education in the UK FAQs; Brexit: a reading list of post-EU Referendum publications by Parliament and the Devolved Assemblies; Brexit reading list: no deal

– Campaigning organisations the3million and Open Rights Group lost a high court challenge over new laws that prevent EU citizens living in Britain from finding out what data the Home Office holds on them. More information can be found here, the case – [2019] EWHC 2562 (Admin) here and commentary here.

– The Scottish Parliament Information Centre published a new Brexit update

– The Northern Ireland Assembly Research and Information Service published a new Brexit Brief

– The European Parliament published a new draft recommendation – Draft recommendation on the draft Council regulation on measures concerning the implementation and financing of the general budget of the Union in 2020 in relation to the withdrawal of the United Kingdom from the Union

– The Council of the European Union published a new press release informing that ‘member states’ ambassadors in the Council’s Permanent Representatives Committee approved the text of a draft regulation broadening the scope of the European Globalisation Adjustment Fund. The aim of the proposal is to support workers made redundant and self-employed persons whose activity has ceased as a result of economic disruptions caused by the withdrawal of the United Kingdom from the EU without a withdrawal agreement’. The European Commission proposal can be accessed here.

– The European Parliament published the following press release – Brexit: recent UK proposals do not offer the safeguards the EU and Ireland need

– The European Parliamentary Research Service Blog published a new blog post – Brexit: Make Or Break? [What Think Tanks Are Thinking]

– A new publication was made available by the Publications Office of the European Union What you need to know as an EU citizen living in the UK

– A new post was published on the Law Society website – Data protection and no-deal Brexit

– New articles were published on the LSE Brexit blog, including the following – The Supreme Court ruling: why the effects test could help save democracy (somewhat); Despite ‘Global Britain’, Britain will follow the European trade model for the next few years; Boris Johnson’s alternative to the backstop explained

– A new post was published on the European Futures blog – Brexit and the future of the Unions

– New posts were published on the Free Movement blog, including the following – Quick Q&A: non-European spouses applying for settled status; High Court upholds immigration control exemption to personal data rights

– A new article was posted on the Full Fact blog – Would an extension to Brexit cost £1 billion a month?

– A post was published on the Squire Patton Bogg Brexit blog – Let Them Eat Cake (If We Coordinate) – Will UK Government Waive Competition Rules in Response to Food/Drink Shortages?

– New posts were published on the Norton Rose Fulbright Brexit blog – The UK Government’s revised Brexit proposals; New webinar recording – Brexit: the final countdown?

– New articles were published on the Centre on Constitutional Change website, including the following – A territorial perspective on the UK proposals to replace the backstop; The Brexit Proposals: A Complex, Convoluted and Contested ‘Compromise’ for Northern Ireland; Boris offers a Brexit landing-space over the rainbow; Will a no deal Brexit lead to the break-up of the UK?

– A new publication was published by the Bingham Centre for The Rule of Law No Deal Brexit, Business and the Rule of Law

– New articles were published on the Bingham Centre for The Rule of Law website – Why the UK’s demands on the Irish Backstop would undermine the EU legal order; The Supreme Court and Parliament: The Constitutional Status of Checks and Balances

– A new article was published on the EU Law Analysis blog – Accessing the EU’s Financial Services Market in the Event of a No-deal Brexit

– A new post was published on the OUP blog – Banking regulation after Brexit

– New articles were published on the UK in a Changing Europe website, including the following – The Johnson plan: a challenge to the EU legal order; Preparing the economy for a no deal Brexit; A territorial perspective on the UK proposals to replace the backstop; Johnson’s Brexit proposal: something old, something new, something blue; Will a no deal Brexit lead to the break-up of the UK?; The Irish position on the backstop

– New articles were published on the UK Constitutional Law Association blog – Anne Twomey: Article 9 of the Bill of Rights 1688 and Its Application to Prorogation; Anthony Arnull: Is the UK Supreme Court Pro-EU?; Rory O’Connell: The Johnson Letter and Cross-community Agreement in Northern Ireland; Michael Detmold: The Monarch in the Room; Theodore Konstadinides, Noreen O’Meara and Riccardo Sallustio: The UK Supreme Court’s Judgment in Miller/Cherry: Reflections on Its Context and Implications; Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50; Alexandra Sinclair and Joe Tomlinson: Making Parliamentary Accountability Effective: Prorogation, No Deal Brexit, and Statutory Instruments (Part 3); Anurag Deb: A Constitution of Principles: From Miller to Minerva Mills; Aris Georgopoulos: The Melting of Constitutional “Glaciers”: Miller 2 and the Prerogative Powers of Government; Mike Gordon: The Prorogation Case and the Political Constitution


– New Brexit-related articles were published in the New Law Journal, Law Society Gazette and Counsel:

  • Prorogation ruling stirs debate. Supreme Court decision of ultimate constitutional importance’ (27 September 2019) 169 (7857) NLJ 4.
  • Insurers bemoan Brexit’ (27 September 2019) 169 (7857) NLJ 5.
  • Michael Zander QC, ‘Parliament was not prorogued. Michael Zander QC assesses the Supreme Court’s remarkable decision’ (27 September 2019) 169 (7857) NLJ 7.
  • Nick Vamos, ‘No-deal is a bad deal for criminal justice’ [30 September 2019] L.S.G. 32.
  • Paul Craig, ‘Prorogation: principle and law, fact and causation’ [October 2019] Counsel 26–28.
  • Jack Simson Caird, ‘Process of discovery. What Brexit has taught us so far: with Parliament standing prorogued, the Commons Speaker gives a robust defence of Parliament’s role as a check on executive ‘malpractice’ and pledges all the ‘procedural creativity’ necessary’ [October 2019] Counsel 29–30.

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