Terrorism: the EU picture

Posted on 26 Apr 2017 by Brick Court

David Anderson QC

David Anderson QC’s article about Brexit and Security, Terrorism: the EU picture, has just been published in Counsel magazine.

In summary:

• The leadership role in the EU exercised by the UK in matters relating to security (in particular counter-terrorism) will inevitably be lost after Brexit.
• There are reasons to hope that broadly satisfactory arrangements can be made for subsequent access to EU databases, institutions and procedures such as the European Arrest Warrant.
• But six factors are identified that have the potential to obstruct agreement: lack of precedent, desire for bespoke arrangements, the UK red line over acceptance of CJEU rulings, acceptance of future EU developments, political contagion and data sharing.

The article reflects in part his oral evidence of 28 February 2017 to Parliament’s Committee on Exiting the European Union (“Brexit Committee”) on the same subject, which is reflected in the Committee’s report at paras 92 and 232-272.

Preparing for Brexit: the legislative options

Posted on 04 Apr 2017 by Brick Court

Richard Gordon QC and Tom Pascoe have published a paper on the legislative process of preparing for Brexit. The paper follows the release of the government’s White Paper on the Great Repeal Bill on 30 March 2017. It examines the major constitutional implications of the Bill, including the anticipated use of extensive Henry VIII powers to ‘repair’ EU law after Brexit, the status of EU case law after Brexit day and the effect of devolution on the Bill. It also sets out three further legislative models for preserving EU law, and describes the way in which these may be used alongside a Great Repeal Bill to ensure that the law operates coherently after the UK’s departure from the EU.

The paper can be found here