Monthly Archives: July 2017

European Union (Withdrawal) Bill: Paving the way towards a very uncertain future

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School).

The stated aim of the, then Great, Repeal Bill was to provide clarity and certainty for citizens and businesses, and to ensure a functioning statute book on exit from the EU. The key statement of principle in the White Paper was as follows: ‘In order to achieve a stable and smooth transition, the Government’s overall approach is to convert the body of existing EU law into domestic law, after which Parliament (and, where appropriate, the devolved legislatures) will be able to decide which elements of that law to keep, amend or repeal once we have left the EU. This ensures that, as a general rule, the same rules and laws will apply after we leave the EU as they did before’ (for analysis, see here).

However, the continuity provided by what is now the European Union (Withdrawal) Bill, published last week, must be seen in the context of the reality that leaving the EU will also require major constitutional and policy changes in a relatively short, and currently uncertain, time frame (see here). After all, the Government’s aim is that, as a result of Brexit, the UK will be able to decide which parts of EU-derived law to keep, and which to amend or repeal. A number of Brexit Bills, which will change the law in relation to, among others, immigration, trade, customs, agriculture and fisheries, were promised in the Queen’s speech. The clarity and certainty promised in the White Paper, which at first glance appear to provide comfort to citizens and businesses concerned over the effects of Brexit, are more elusive than ever. Continue reading

New Challenges for European Comparative Law

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

Dr Jule Mulder has published an article on European comparative law methodology entitled New Challenges for European Comparative Law: The Judicial Reception of EU Non-Discrimination Law and a turn to a Multilayered Culturally-informed Comparative Law Method for a better Understanding of the EU Harmonization.[1] This article argues that comparative law needs to explore its critical potential when engaging with the European harmonization process and its effects on the law of the Member States. Continue reading

Grenfell Tower – learning from air accident investigations

By Prof Chris Willmore, Professor of Sustainability and Law (University of Bristol Law School).

When accidents happen, supporting those affected should be everyone’s first step. But then, rapidly, we need to ask two further questions:

  • how can we prevent future accidents (causation)?
  • who is responsible (liability)?

This blog suggests we are not effectively distinguishing between these two questions, and this may undermine the effectiveness of the investigations now under way. Continue reading