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21 October 2016 / Andrew Eaton , Charles Brasted
Issue: 7719 / Categories: Features , Public , Brexit , EU , Constitutional law
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Making a success of Brexit

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How can the “conscious uncoupling” of the EU & UK legal systems be achieved, ask Charles Brasted & Andrew Eaton

  • Brexit poses fundamental questions for the UK’s unwritten constitution & legislative framework.

Constitutional law has so far been central to the public debate on the implications of the EU referendum result.

One constitutional issue that has received much attention is the, now infamous, Art 50 debate. Article 50 of the Treaty on European Union (TEU), which is the legal mechanism for a member state to leave the EU, provides that it is for the UK to “decide” to leave the EU “in accordance with its own constitutional requirements” and to notify the European Council of its decision. Early rumours that the prime minister might trigger it accidentally or that the EU might force the UK to give notice immediately have been dispelled. The question remains: what are those constitutional requirements and who is entitled to make the decision?

The government has maintained that it is entitled to trigger

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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