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Child protection

01 June 2018 / David Burrows
Issue: 7795 / Categories: Features , Brexit , Family
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David Burrows discusses the loss of the EU Charter & the potential impact on children

  • How much of the EU Charter of Fundamental Rights will remain part of the common law for children?
  • The Ministry of Justice needs to clarify the law before exit day, for the sake of children.

The European Union (Withdrawal) Bill left the Commons on 17 January 2018 with cl 5(4) intact. That clause insouciantly says: ‘(4) The Charter of Fundamental Rights is not part of domestic law on or after exit day’, by which it means the EU Charter (2000/C 364/01). For English law purposes the Charter will disappear (unless the Lords revives it and the Commons relent); and if so how far will what it says remain part of the common law for children?

Disappearance of the Charter only matters, in law, if a case is decided under EU law. Thus, Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction… in Matters of Parental Responsibility (Brussels IIA) was picked out for special mention by the

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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