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Brexit bulletin

16 March 2018
Issue: 7785 / Categories: Features , Brexit
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Charting the latest developments on the ‘road to Brexit’

  • EU draft Withdrawal Agreement: protocol re ‘fall-back’ solution for avoiding a hard border between Ireland and Northern Ireland.
  • Devolution agreements and Policy paper on EU citizens arriving in the UK.

The European Commission published draft terms for the UK’s withdrawal from the EU at the end of February.

The EU draft Withdrawal Agreement consolidates and converts into legal terms the December joint report on withdrawal priorities agreed in the first phase of the Brexit negotiations. The draft also includes proposed text addressing the outstanding separation issues not fully resolved in the joint report, as well as text on the proposed transitional arrangements. The draft text was circulated for discussion with the Council (Article 50) and the European Parliament Brexit Steering Group, before being transmitted to the UK for negotiation.

The EU draft comprises six key sections:

  • introductory provisions—including objective, scope, definitions, principles, including the definition of Union law;
  • citizens’ rights—scope and duration, residence, workers, qualifications and social security;
  • separation issues—eg goods on the market, customs procedures,
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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