In March 2019, the Spanish government adopted a set of contingency measures in case the UK would leave the EU without reaching an agreement.… Continue Reading
UK financial market entities in Poland – A Polish Brexit bill, passed on 15 March 2019, provides a transition period for the business operations of UK financial market entities in Poland, starting from the date of a “no-deal” Brexit. This period will allow businesses to conduct any legal operations needed to cease legal relationships entered … Continue Reading
German legislators have adopted a number of Acts of Parliament in relation to Brexit both on the federal level and on the level of the 16 German states. Some of these regulate the “deal” scenario where the Withdrawal Agreement is ratified by the UK, and some of these regulate the “no-deal” scenario. The so-called Brexit … Continue Reading
The French Parliament authorised the government to take measures – known as orders (ordonnance) – which should otherwise be taken pursuant to law, in order to map out the consequences of a “no-deal” Brexit. The government had either six months or a year to pass those orders, following publication of the law. The government was … Continue Reading
The Czech government adopted the Act No. 74/2019 Coll., which aims to soften the possible negative consequences of a “no-deal” Brexit. The act is intended to be a temporary measure, and all the instruments within it will last only until the long-term measures are adopted. The act is to be effective from the day the … Continue Reading
While US policymakers are eager to set out trade relations with the UK post-Brexit, the UK cannot begin its own bilateral talks with trading partners until it has formally exited the EU, as the bloc has exclusive competence over trade matters. Furthermore, the final form of the UK-EU trade relationship will inform how other trade … Continue Reading
The EU-27 member states have been very carefully observing the UK domestic political manoeuvering and posturing this year. The predominant view in the EU-27 is that a managed “deal” scenario is far more preferable to a potentially chaotic “no-deal”. At the same time, precautions have been taken to prepare for a “no-deal” scenario. The EU-27 … Continue Reading
The mood in the Conservative Party is bleak. Many of the political challenges with Brexit can be traced back to the 2017 election. Prime Minister Theresa May lost her majority and was only able to retain power by making a deal with the Democratic Unionist Party (DUP) from Northern Ireland. The arithmetic in Parliament is … Continue Reading
Procedurally, the UK has three options: Ratify the Withdrawal Agreement (with possible accompanying changes to the Political Declaration on the future relationship with the EU) before 22 May, and cancel participation in the European Parliament elections Ratify the Withdrawal Agreement (with possible accompanying changes to the Political Declaration on the future relationship with the EU) … Continue Reading
With continuing uncertainty, there is still a lack of clarity on what the final Brexit arrangements will look like. Many companies have been planning for the implications of Brexit for some time, whereas some still need to consider how Brexit may affect their operations. Both the UK government and the EU are encouraging businesses to … Continue Reading
It is fair to say, this is not the result that many were expecting. Theresa May’s Conservatives, who anticipated an increased number of seats throughout the General Election campaign, find themselves the largest party in Parliament, but without an overall majority. At the time of writing, it appears that the Conservatives have struck a non-formal deal … Continue Reading
If a couple had conceived on the evening of the Brexit referendum, there is a reasonable chance that the baby would be born on 29 March, the date on which the Prime Minister will finally trigger Article 50 and send notice to the European Council. The Brexit gestation period from 23 June 2016 has not … Continue Reading
By judgment of 24 January 2017, the Supreme Court has dismissed the government’s appeal against the Divisional Court’s judgment in R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union. The court has held that parliamentary authority in the form of an Act of Parliament is required … Continue Reading
The High Court gave its judgment in the Article 50 judicial review proceedings on 3 November 2016. The Court decided the UK Government does not have the power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union. The Government has confirmed its intention to … Continue Reading
In the wake of the impending Brexit declaration pursuant to Article 50 of the Treaty on European Union (TEU) there have been extensive discussions as to whether any Brexit notice could itself be withdrawn during the two year notice period. This question has been identified as a crucial issue by the Lord Chief Justice during … Continue Reading
This means the government cannot trigger Article 50 of the Lisbon Treaty – beginning formal discussions with the EU – on its own. Theresa May says the Brexit referendum and ministerial powers mean MP’s do not need to vote, but campaigners argue this is unconstitutional. The government is expected to appeal. The prime minister has … Continue Reading
Brexit must be carefully-engineered to safeguard industry and secure new trade opportunities. This report points to new findings showing that just 5% of British adults think that loss or damage to the UK manufacturing sector is a price worth paying for leaving the EU. And, while acknowledging that the Government faces a difficult balancing act … Continue Reading
When the UK voted in the Referendum on 23 June 2016 whether to remain or leave the European Union, the majority voted in favour of leaving. This was only the third UK-wide referendum ever held. They are rare because the UK relies upon the principle of Parliamentary sovereignty. However, the UK Government have instituted a … Continue Reading
In its Opinion 1/91 of 14 December 1991 on the Treaty establishing the European Economic Area the European Court of Justice (“Court of Justice”) held that the EEC-Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of law. Accordingly, Article … Continue Reading
We recently presented to the Association of Corporate Counsel (‘ACC’), Washington DC about: the timing and procedure of the withdrawal, and the negotiation of the future relationship between the UK and the EU; the consequences for UK and US companies arising from the end of the application of EU Freedoms, Mutual Recognition, Passports and other … Continue Reading
Once the UK Government has handed in to the European Council the notice pursuant to Article 50 (2) of the Treaty on European Union (“TEU”), the exit process provided for in Article 50 TEU will be started and the UK and the EU enter into negotiations in respect of a Withdrawal Agreement and one or … Continue Reading
A less publicised aspect of Britain’s potential exit from the European Union is the impact on the Asia Pacific region. Leaving the escalating political and media debate aside, as the 23 June 2016 referendum rapidly approaches we examine the potential implications for Asia Pacific should a “leave” vote succeed. From a regulatory perspective, the potential … Continue Reading
The UK’s EU Referendum on membership takes place on 23 June 2016 when the British electorate will decide on whether the United Kingdom (UK) will remain a member of the European Union (EU) or leave the EU. Regardless of one’s personal position on the referendum, corporates, banks, insurance companies, financial services institutions and other enterprises … Continue Reading
