Farewell to the EU Charter of Fundamental Rights? The Withdrawal Act and the Danger of Losing ‘Fundamentals’

human rights blog.jpgIn this post, Eleni Frantziou tell us about the danger of making an exception with the removal of the EU Charter of Fundamental Rights in the Withdrawal Act, while the rest of the European “acquis” is translated into British law. Besides the legal implications, this questions what the British society see as “fundamental” and what should be excluded from the day-to-day agenda of Westminster. Brexit could be the opportunity for the UK to draft its own set of rights, but this outright rejection threatens an important democratic safeguard. 

With the Withdrawal Act having finally entered the lawbooks back in June, the focus of the Brexit conversation has, naturally, shifted towards other matters (including issues of perhaps greater urgency, such as the grounding of planes, the availability of medication, and general contingency planning in case of a no-deal Brexit). Rallying to the problems of legislation which was already vastly criticised academically and in the House of Lords before its adoption may now be seen as a lost cause. Nevertheless, at the risk of staying within the ivory tower, in this post, I will try to formulate a critique of one of the Withdrawal Act’s most significant problems: the removal of the EU Charter of Fundamental Rights.

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Forget punishment: the Brexit deal needs to carve out sectors of exceptional common interest

 

mike-wilson-39902-unsplash.jpgMichael Grubb discusses how to go beyond the recent obstacles in the negotiations and the negative rhetoric by focusing on key sectors where interests are aligned. In his view, energy, climate and transport are the logical sectors from which to start the writing of a new  positive relationship.

So: at Salzburg the unstoppable force of Brexit finally met the immovable object of EU concerns about the integrity of its single market, and its insistence that the UK must be “either in or out”.  Teresa May is emphatic: she has made a proposal; the EU must respond not with rejection but with suggestions.

As it considers options, the EU’s core dilemma is that what it may see as legitimate defence of the EU’s interests risks being perceived and spun in sections of the UK as an attempt to punish. And one great lesson of history speaks to the EU’s conundrum: punishing countries, however tempting, is a road to disaster. The 1919 Treaty of Paris that imposed devastating reparations payment on Germany after the First World War – which led to enduring European and international crises culminating in the Second World War – is the classic, if extreme, example. In an increasingly fragile world, the UK and the EU need each other.

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How could a second Brexit referendum be triggered?

parliamentWith ‘exit day’ less than six months away, public debate about a second Brexit vote continues. In this new post on this topic, Jess Sargeant, Alan Renwick and Meg Russell outline the key decision points and processes by which MPs or the government might choose to trigger a second referendum.

In our previous blogpost we considered how long it would take to hold a second referendum on Brexit, concluding that an extension to Article 50 would almost certainly be required. The length of the necessary extension would depend on when the referendum was triggered. Calling a referendum requires a majority in parliament, and whether such a majority exists will depend on political and circumstantial factors. But by examining the process of Brexit we can identify a number of key junctures at which a decision to hold a referendum could be made.

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Is a second referendum on Brexit possible? Seven questions that need to be answered

6993988782_6d34cf935a_o.jpgTwo years on from the Brexit vote, the benefits of a second referendum are being hotly debated. In this post, UCL’s Jess Sargeant, Alan Renwick and Meg Russell identify seven questions that should be considered before parliament decides whether a second Brexit referendum will take place.

Last week a Sky poll suggested that 50% of the public would favour a three-way referendum on the UK’s future relationship with the EU. This follows calls from key figures including Justine GreeningDominic Grieve, and Tony Blair, as well as a campaign launched by The Independent for the public to be allowed a vote on the final deal. Number 10 has categorically rejected these calls, stating that there will be no further referendum on Brexit ‘in any circumstances’. Nonetheless, talk of a second referendum is likely to continue. Whether you are a supporter or an opponent of that proposal, there are some big important questions about the practicalities of such a referendum that need to be explored. This post sets out some of the most crucial questions. In further posts over the coming weeks, we will begin to explore some of the answers.

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Second Thoughts on a Second Brexit Referendum

27240041144_189537893a_oRichard Bellamy discusses the circumstances that would allow for a second referendum to take place. Beyond the difficulties to overcome a potential “betrayal” effect, the design of this new vote would be highly controversial and it does not seem likely that Justine Greening’s system of first and second preferences would make it more legitimate in the eyes of the electorate and politicians.  

Theresa May has announced there will be no second Brexit referendum under any circumstances, prompting the wits of social media to recall her similar assurances regarding a snap election and declare that naturally there will now be one. Trying to divine what the Prime Minister really believes or wants seems a thankless task. However, a reasonable hypothesis is that she considers such a declaration as necessary to stem accusations of betrayal by the hard Brexit wing of her party, especially given some soft Brexiters and even a few Remainers also believe the popular vote for Brexit has to be honoured, and to buttress her authority to negotiate an agreement with the EU on the basis of proposals likely to win Parliamentary support. If so, two questions arise: first, does the accusation of ‘betrayal’ in the event of a second referendum have any foundation at all and second, and probably more importantly, under what political circumstances might she (or any immediate successor) be pushed into granting a second referendum?

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