Brexit briefing: EU free movement and criminal law

This entry is part 1 of 13 in the series Brexit briefings by ILPA

Free Movement and Criminal Law By Valsamis Mitsilegas, Queen Mary University of London 18 May 2016 Introduction One of the claims frequently made by critics of freedom of movement is that free movement of EU citizens is unlimited, even when these citizens have committed criminal offences. The purpose of this note is to provide an overview of the growing inter-relationship between EU free movement law and criminal law and to demonstrate the current limitations that criminal law imperatives can place on freedom of movement. At the same time, it will stress that derogations to free movement on grounds of security and criminal policy must be interpreted restrictively and applied in…

3rd June 2016 By ILPA

Brexit briefing: EU citizens’ access to benefits

This entry is part 2 of 13 in the series Brexit briefings by ILPA

EU Citizens’ Access to Welfare Benefits: Past, Present and Future By Desmond Rutledge, Barrister, Garden Court Chambers 13 May 2016 Introduction Since the UK joined what is now called the European Union (EU), migrant workers, who are nationals of other EU member states, and their family members, have enjoyed extensive rights of residence in the UK under EU law. The non-discrimination provisions in EU law mean that those EU citizens who are exercising EU rights of free movement in the UK are – as a matter of principle – entitled to the same tax, housing and ‘social advantages’ in the UK as British citizens. It has been settled by the…

2nd June 2016 By ILPA

Brexit Briefing: EU free movement in practice at home and abroad

This entry is part 3 of 13 in the series Brexit briefings by ILPA

EU free movement in practice at home and abroad By Matthew Evans, Director, The AIRE Centre (Advice on Individual Rights in Europe), 10 May 2016 Introduction                                                                           At its core the EU project remains a common or single market, involving reciprocal commitments so that not only products (goods and services) but also the factors of production (labour and capital) can circulate freely. The free movement for workers and others exercising economic freedoms (eg service providers and recipients) has now largely been subsumed into the status of citizenship of the EU. Movement and residence in all Member States for EU nationals remains a defining feature of EU citizenship, so that UK nationals,…

1st June 2016 By ILPA

Brexit briefing: rights of entry and residence

This entry is part 4 of 13 in the series Brexit briefings by ILPA

Rights of Entry and Residence By Steve Peers, University of Essex, 17 May 2016 Introduction The free movement of EU citizens to the UK (and vice versa) is a key feature of the UK’s EU membership. However, it is too simple to describe this as a ‘loss of control of British borders’ —because the UK retains the right to check people at its borders, and can apply its own law to the large majority of non-EU citizens, who make up the majority of net migrants to the EU.[i] Furthermore, although the free movement of EU citizens is generous compared to ordinary immigration law, it is not unlimited. Rights of entry…

31st May 2016 By ILPA

Brexit briefing: free movement and the single market

This entry is part 5 of 13 in the series Brexit briefings by ILPA

Free movement of persons and the single market By Catherine Barnard, Trinity College, Cambridge 10 May 2016; Case studies 1, 3 and 4 provided by Laura Devine Solicitors  Introduction This note considers the centrality of migration to the EU’s single market. It also considers the relevant EU Treaty provisions and the rights they confer on both individuals wishing to work in another Member State and companies wishing to establish themselves or provide services in another Member State. It concludes with an examination of the alternatives available to the UK in the event of Brexit. Context of free movement Immigration has been the most sensitive issue in the period leading up…

30th May 2016 By ILPA

Brexit briefing: sovereignty and legitimacy

This entry is part 6 of 13 in the series Brexit briefings by ILPA

Sovereignty and legitimacy: the UK and the EU By Adrian Berry, barrister, Garden Court Chambers and Rowena Moffatt, barrister, Doughty Street Chambers, 29 April 2016  Introduction The relationship between the UK and the EU raises issues about the UK as a sovereign power, and as to the legitimacy of the EU and its institutions. A concern common to both issues is that power ought to be exercised on a democratic basis.  Sovereignty What is sovereignty? Sovereignty is concerned with who holds and exercises authority. As a term, it does not always help identify which people or institutions wield actual power. Sovereignty has an internal aspect. In the UK, sovereignty is…

27th May 2016 By ILPA

Brexit and Borders: Schengen, Frontex and the UK

This entry is part 7 of 13 in the series Brexit briefings by ILPA

The EU’s Borders: Schengen, Frontex and the UK By Bernard Ryan, Professor of Law, University of Leicester, 19 May 2016 Introduction This paper is concerned with the relationship of the UK to the framework of immigration control at EU borders. That framework has two main elements: the absence of immigration control at the shared internal borders of Schengen states, and provision for common rules and action in relation to the external border. The paper begins with an outline of the main elements of the EU’s internal and external borders framework, in so far as that is concerned with immigration control (sections 1 and 2, respectively). It goes on to summarise…

8th June 2016 By ILPA

Brexit and the Common European Asylum System

This entry is part 8 of 13 in the series Brexit briefings by ILPA

The UK Referendum on the EU and the Common European Asylum System By Elspeth Guild, Partner, Kingsley Napley, 29 April 2016 Introduction The issues of refugees’ arrival, reception and protection have been particularly evident in the political debate in the UK and elsewhere in the EU over the past six months. The images of people fleeing Syria and Iraq and travelling across Europe searching for a place of safety have touched the hearts of many. The obstacles and state action designed to prevent refugees from arriving in safety in Europe has also attracted much criticism. One way to deflect the unease which many people in the UK feel about the…

7th June 2016 By ILPA

Impact of Brexit: what would happen if the UK left the EU?

This entry is part 9 of 13 in the series Brexit briefings by ILPA

The Impact of Brexit By Steve Peers, University of Essex, 17 May 2016 Introduction What would happen if the UK left the EU? In each case, that would depend on what the UK and EU negotiated afterward. But it is possible to give some general indication of the consequences. The UK’s main options As regards the free movement of EU citizens, it is possible that the UK might still wish to accept free movement, as a condition of participation in the European Economic Area (EEA) treaty, which extends the bulk of the rules on access to the EU internal market to non-EU countries (Norway, Iceland and Liechtenstein). The UK is…

6th June 2016 By ILPA

Brexit briefing: The implications for Scotland

This entry is part 10 of 13 in the series Brexit briefings by ILPA

The implications for Scotland of a vote in the EU referendum for the UK to leave the EU By Sarah Craig, Maria Fletcher and Nina Miller-Westoby, School of Law, University of Glasgow, 1 June 2016 Introduction One view of the relevant EU and UK law suggests that the implications for Scotland of the UK leaving the EU are negligible. According to this view, such implications sit squarely within the implications affecting the UK as a whole. This view suggests that distinctive Scottish implications would flow only were Scotland to be an independent country. This paper suggests that this view is overly strict and certainly not the only ‘game in town’….

10th June 2016 By ILPA

Brexit briefing: Relationship between ECHR and EU

This entry is part 11 of 13 in the series Brexit briefings by ILPA

The relationship between the ECHR and the EU By Nuala Mole, Senior Lawyer, The AIRE Centre, 9 June 2016 Introduction The European Union (EU) is a Union of 28 states. The Council of Europe is an intergovernmental organisation with 47 Member States, 28 of whom are also Member States of the EU and a further four Council of Europe states are members of another intergovernmental organisation the European Free Trade Association (EFTA). The relationship between the EU and EFTA is particularly important, as the EFTA states have opted into many of the EU measures that the UK has not joined. The European Convention on Human Rights (ECHR) is a Council…

13th June 2016 By ILPA

Brexit briefing: impact on Common Travel Area and the Irish

This entry is part 12 of 13 in the series Brexit briefings by ILPA

The implications of UK withdrawal for immigration policy and nationality law: Irish aspects By Bernard Ryan, Professor of Law, University of Leicester, 18 May 2016 Introduction This paper addresses the Irish dimensions to a UK decision to withdraw from the EU, in the immigration and nationality policy spheres. It addresses the implications of withdrawal for common travel area arrangements with the Republic of Ireland (section 1) and for the special status of Irish citizens in the UK (section 2). In the paper, it is assumed that the Republic of Ireland would continue as a Member State of the EU. That has been the position of the Irish Government since the…

5th June 2016 By ILPA