Article 50 Treaty on European Union Unlike the US Federal Constitution, withdrawal from the EU is a legal and political option. The irrevocability of state membership of the United States was effectively determined by the American Civil War in which the United States militarily defeated the breakaway Confederate States. It was formally confirmed by the […]
All posts by Paul McMahon
Brexit and Employment Law
Background It has been claimed that over the years of EU membership that EU employment and social legislation has been a drag on UK productivity. It is claimed that the UK’s international competitiveness could be regained or increased by deregulation of the labour market. The UK originally opted out of the Social Charter, before the1997 […]
Atypical Worker Protection
Fixed Term Workers An EU directive establishes minimum requirements relating to fixed-term work. The purpose is to ensure equal treatment of workers and prevent abuse arising from successive employment contracts. The directive covers fixed-term workers including seasonal workers. It does not cover workers placed at the disposal of an employer or user by a temporary […]
Working Hours
Working Time The EU working time directives lay down general requirements in relation to the organization of working time. It deals with provisions of daily, weekly, rest, annual leave, night work and shift work. Working time is the period during which the worker is working at the employer’s disposal and carrying out his activity and […]
White Paper on Withdrawal
Approach to Brexit The United Kingdom Government published its White Paper on Brexit and New Partnership with the European Union in February 2017. The White Paper points out that it is in no one’s interest for there to be a cliff edge for business or a threat of instability. It believes that phased process of […]
Information and Consultation
Terms of Employment The EU has enacted a number of directives designed to keep employees informed of basic information in respect of their employment. There is a directive which requires that employees be told details of their terms of employment. It applies to all paid employees with a contract of the employment relationship. Some exclusions […]
Employment Equality
Early Developments and Gender Pay The EU treaty provides the principle of equality of treatment in employment. The provisions of equality have had a dramatic effect on employment equality through the European Union. This is a fundamental part of the common market. The European Union has also introduced directives in the area of paternity and […]
Withdrawal Negotiations
Initiation of Process On 29 June 2016, the EU heads of state/government in response to the referendum indicated that no negotiations could commence before Article 50 was triggered. In October 2016, the UK Prime Minister announced her intention to trigger Article 50 by the end of March 2017. The UK notification triggering Article 50 issued […]
EU Basics
EU Mechanics Basics The EU is an international organisation comprised of 28 countries or member states with a population of over 500 million. It is an international institution conferred with powers by its member states. These are reflected in the European Union treaties. The European Union has the power to make laws in the areas […]
Principles of EU Law
General Principles of EU Law General principles of European law are unwritten rules used and applied in the interpretation of European Union law. They involve principles of justice and principles designed to protect human rights. They may fill gaps in law and make the law more coherent. General principles of community law derive from a […]
EU Laws
Treaties The European Union treatises are the constitution of the European Union and set out its powers and functions. They are the primary source of law. The Union must only act in accordance with the competences and powers provided for under the European Union Treaties. They are more than an international agreement. They create an […]
Legal Action Against EU
Challenging Legality The EU treaty provides that the parties may claim in proceedings before the European courts that measures are invalid under the treaty for the reasons set out. The grounds for invalidity are as follows: lack of competence i.e. lack powers, infringement of essential procedural requirement, infringement of the treaty or rule of law, […]
Effect of EU Law
Overview Community law becomes part of national law through a number of mechanisms. In some legal systems, international treaties can become part of domestic law through a process of ratification. In other states, including Ireland international law does not become part of the domestic law until incorporated in by domestic legislation. It binds the state […]
The Commission
The Institutions of the European Union The European Union treaties establish so-called supra-national institutions. These are independent bodies with their own legal identity with set powers and competences. Within the areas in which the EU treaties give the EU institutions legal powers or competences, the European Union bodies make enforce and administer laws and their […]
The Council
The Council The Council of the European Union or the Council is one of the most important bodies within the European Union. The Council in conjunction with the European Parliament makes laws. The Council consists of a member of the government of each member state who has authority to commit the government of that state. […]
Development of the EU
The Composition of the European Union The European Union consists of 28 member state with nearly 500 million inhabitants. Its member states account for over 30 percent of global output. The European Union has evolved progressively. The original six members (France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg were joined by Ireland, the United […]
European Parliament
Overview and Development The European Parliament was originally constituted as the Assembly of the European Community. Its role has been progressively enhanced during the existence of the European Communities and the European Union. Initially, its powers were consultative in nature. The Single European Act introduced new legislative procedures, the so-called assent, and co-decision procedure. These […]
EU Law Making
Overview The law-making bodies in the European Union are the Council and the European Parliament. Originally the Council had complete law-making powers. Over time, the Parliament’s role has grown so that many decisions were made by both the Parliament and Council. Under the Lisbon Treaty, the co-decision procedure became the normal method of lawmaking. The […]
Border Issues
Special Northern Ireland Issues in Negotiation The matter of the border between Ireland and Northern Ireland is complex and ambiguous. After Brexit, the internal Irish land border will be the EU-UK land border. The ultimate nature of this border will depend on the agreement, if any, reached between the UK and the EU and the […]
The Repeal Act
The Great Repeal Bill A key element of Brexit is the removal of the principle of supremacy in EU Law. Once it is repealed and restated as national Law, EU derived law will no longer be based on an obligation to give effect to EU Law over and above UK/domestic Law. The Miller case decided […]
Northern Ireland’s Status
Northern Ireland and Devolution Northern Ireland and the Republic of Ireland have been separate legal jurisdictions since May 1921. Northern Ireland has also remained a separate jurisdiction from the rest of the United Kingdom under the Stormont Parliament 1921 to 1972, the direct rule periods (1972-1999) and the Northern Ireland Assembly period interspersed with suspensions […]
The CTA Background
The Common Travel Area The Common Travel Area did not formally involve aligned immigration rules. However, it involved sufficient alignment and continuing cooperation between the immigration authorities of Ireland and the UK. The CTA was largely subsumed under the common EU freedom of movement rights when both joined the EEC in 1973. However, it did […]
Ukraine DCFTA
Deep and Comprehensive Free Trade Agreements The European neighbourhood policy seeks to provide comprehensive agreements with countries which politically are not in the position to join the EU whether for geopolitical or economic reasons. It promotes EU values in relation to human rights, the rule of law, democracy, market economy, sustainable development, labour protection, et […]
Withdrawal Process Issues
Framework for Negotiations The European Council has set the framework for the EU’s negotiating position. The talks are led by the European Commission’s chief negotiator. The European parliament observes and must consent to the ultimate agreements. The European Union’s heads of state have said that they are determined to protect European Union and the EU […]
CETA The EU-Canada Trade Agreement
Trade in Goods The recently concluded Comprehensive Economic and Trade Agreement with Canada was negotiated over an eight-year period. The EU-Canada agreement further liberalises trade in almost all sectors. It eliminates tariffs on all industrial products, 90 percent of agricultural products and 66% of fisheries produce. The agreement increases tariff rate quotas for agricultural and […]
WTO Institutions & Dispute Resolution
The WTO The Uruguay Round led to the creation of the World Trade Organization in 1994/5, which is now the overarching governing body. The World Trade Organization comprises a ministerial conference that meets every two years. There is a General Council which has delegates from all member countries and various committees. The WTO Agreement provides […]
Most Favoured Nation Principle
Basic GATT Principles State members of GATT must comply with two basic principles in the conduct of their trade policy namely, the most-favored-nation principle and the national treatment principle. The most-favored-nation principle relates to customs duties and other charges on imports. Any advantage, favour, privilege or immunity given by a state in relation to any […]
Food Hygiene Controls
Overview The importation of food products from outside the EU requires compliance with EU and UK hygiene, safety, labeling and food composition regulations. The hazard analysis and critical control point after primary production stage (HACCP) system is used. Non-EU suppliers must have equivalent systems in place. Food businesses after primary production must work in accordance […]
Non Discrimination Principle
National Treatment Principle The national treatment principle requires that once goods have been imported, and the relevant duty has been paid under the importing state’s tariff schedules, no additional burdens may be imposed by way of further tax or equivalent measure. The goods must be treated in the same way as like national products. The […]
Preferential Trade Agreements
Preferential Trade Agreements. Preferential Trade Agreements are treaties between states giving preferential access to each other’s domestic market. They may be multilateral or bilateral. They are commonly regional in scope, such as the EU and NAFTA agreements. Preferential agreements are permissible under GATT rules provided that trade restrictions are eliminated on most trade between the […]
WTO and Anti-Dumping
WTO Anti-Dumping Rules Article VI of the GATT (as restated) enables member states to put in place anti-dumping measures to deal with cases, where third country goods are imported or sent to the state at less than their value in such a way that threatens or causes material injury to existing industries in the member […]
WTO and Subsidies
Subsidies Article XVI of GATT provides that if a state party to the agreement grants any subsidy, which operates directly or indirectly to increase exports of any product from or to reduce imports of products into a territory, it must notify the state parties to the Agreement of the nature and effect of the subsidisation […]
Food Safety Controls
Overview The importation of food products from outside the EU requires compliance with EU and UK hygiene safety, labelling and food composition regulations. The hazard analysis and critical control point after the primary production stage (HACCP) system is used. Non-EU suppliers must have equivalent systems in place. Food businesses after primary production must work in […]
WTO Safeguards, Adjustment and Exceptions
WTO & Safeguards Unilateral action may be permitted as a safeguard in unforeseen circumstances where there are imports in such quantities or conditions such as to cause serious injury to domestic producers of similar goods. Obligations may be modified or suspended. Conditions apply. Article XIX of GATT provides:”If, as a result of unforeseen developments and […]
Trade and Agriculture
GATT and Agriculture The GATT prohibition on quantitative restrictions contains exceptions for agricultural products. Restrictions may be placed on imports of agricultural or fisheries products for the purpose of policies of restricting quantities of like domestic products on the market or to remove temporary surpluses of such domestic products. The restriction is not to be […]
WTO and Trade in Services
General Agreement on Trade in Services (GATS The Uruguay Round commencing in 1986, sought to extend the scope of the GATT to include an international multilateral Agreement on Trade in Services. This ultimately resulted in the General Agreement on Trade in Services (GATS), which commenced in 1995. GATS applies to measures by state members affecting […]
GATS & Financial Services
GATS Services Commitments Most WTO Member States submitted Schedules of Commitments in relation to services pursuant to GATS.The schedules are required to be classified in accordance with 12 principal sectors. States are not obliged to make a commitment in respect of each sector. The principal sectors are business services advertising, market research, consulting, computing, communication; […]
World Trade and Intellectual Property
Older Conventions and TRIPS The Paris Convention 1883 provides for a national treatment principle. It does not set any minimum standard for patents. State party states are obliged to accept trademarks properly registered in the country of registration. The Berne Convention 1885 provides for a national treatment principle and most favourite nation principle. It provided […]
Regulation / Barriers and World Trade
Regulation and Barriers to Trade As the European Union experience shows, internal regulations may constitute a very significant barrier to trade. The country of import may point to their standards as being in their legitimate interests in maintaining health and safety standards. It may be difficult to draw the line between legitimate regulation and disguised […]
Environmental Issues
World Environmental Issues Many environmental issues are cross border in nature. Low environmental standards in one state may have an adverse effect on other states. Some environmental concerns are of a worldwide nature, including, the impact of Greenhouse gas emissions. There may be shared natural resources such as water and air bodies adjacent to national […]
Standardised Customs and Licensing Rules
Classification A worldwide uniform system of classification has been adopted in order to ease the process of classification and provide uniformity.The common classification simplifies and provides a common and uniform classification of goods in world trade. The goods must be classified in accordance with the relevant tariff in order to apply the relevant treatment. Several […]
Authorised Economic Operators
Authorised Economic Operators The (EU) Community Customs Code provides for Authorised Economic Operators. They are traders who are deemed low risk and compliant with customs obligations. As AEOs they may qualify for and may enjoy certain relaxations from standard customs controls. Persons may be approved as AEOs at all levels in the international supply chain. […]
Withdrawal Agreement Negotiations
December 2017 Agreement in Principle A Joint report was concluded in December 2017 following the first stage of negotiations between the EU and UK. Both parties reaffirmed in the joint report, their commitment to peace, stability and reconciliation and for that purpose to the protection of the Good Friday Agreement including the practical application of […]
Irish (RoI) Citizenship
Irish Citizenship I Citizenship grants the most extensive rights to be in the State and enjoy the benefits of its laws and protection. Nationals and naturalised residents are citizens. A wide range of persons potentially qualify for Irish citizenship. In some cases, qualification is automatic, while in others, the Minister for Justice has an element […]
Veterinary Entry Document for Animals
Important Notice- See the Disclaimer Below Brexit Legal, McMahon Legal and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website Contact McMahon Legal
Veterinary Entry Document for Animals Products
Important Notice- See the Disclaimer Below Brexit Legal, McMahon Legal and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website Contact McMahon Legal
Information and Enforcement
Information on the Environment The European Union has approved the Convention designed to facilitate access by the public to environmental information, participation in the decision-making process, and access to justice in environmental matters. Parties to the convention must take the necessary legal and regulatory steps to enable public officials and authorities to help and advise […]
UK Energy and Climate Change Revocations
EXPLANATORY MEMORANDUM TO THE CLIMATE AND ENERGY (REVOCATION) (EU EXIT) REGULATIONS 2021 2021 No. [XXXX] 1. Introduction 1.1 This explanatory memorandum has been prepared by the Department for Business, Energy and Industrial Strategy (BEIS), and is laid before Parliament by Act. 1.2 This memorandum contains information for the Sifting Committees. 2. Purpose of the instrument […]
Transition Period (In Principle)
Transition Period Duration The EU and UK have agreed that they wish to negotiate a transition (or implementation) period of around two years after 29 March 2019 (may also apply to new exit date on 31 December 2020) – David Davis has now conceded that 21 months is acceptable for the UK – and have broadly agreed that the majority of the existing EU acquis will continue […]
Turkey-EU Customs Union
Overview The existing EU-Turkey bilateral preferential trade framework (BPTF) dates from 1995 and has become outdated in view of the deep and comprehensive free trade agreements (DCFTAs) that the EU has since concluded or is negotiating with other economic partners, including the EU-Korea Free Trade Agreement (FTA), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), […]
UK Temporary Customs Arrangement Note [June 2018]
TECHNICAL NOTE: TEMPORARY CUSTOMS ARRANGEMENT 1. When the UK leaves the EU, it will also leave the EU Customs Union. During the Implementation Period, the UK will continue to apply the same rules as the EU, meaning that access to each other’s markets will continue on current terms. The UK is committed to securing a new future customs […]
Ensuring Harmonious Application
Preliminary Reference The Court of Justice has jurisdiction to give preliminary rulings on points of European Union law. This covers matters of interpretation of the Treaties, EU legislation and measures by its institutions. Where a question is raised before any court or tribunal in a member state, it may refer the question of European Union […]
Export Customs Procedures EU (RoI)
Customs Export Procedures Customs procedures apply upon the export of goods to places outside the European Union. The purposes are to enforce restrictions and prohibitions; ensure licensing requirements are met; collect statistics; ensure exporter relief schemes are properly operated; ensure safety and security requirements have been adhered to enforce VAT and in particular ensure the […]
EU Travel UK No Deal Notes
Before 29 March 2019 (may also apply to new exit date on 31 December 2020) Most EU countries (though not the UK) are members of the Schengen Agreement. This agreement removes passport checks and border controls at the borders between countries within the Schengen area. People can travel around the area as if it is one country. If you’re a British citizen, as an EU national, […]
General Issues with Procurement
EU procurement rules A very important aspect of European Union law rules and principles are the common EU rules on procurement. At the most basic, they allow companies and businesses around Europe to compete for most public contracts over a low minimum amount in any EU state. They contain powerful rights and remedies which can […]
WTO General Procurement Agreement
WTO Government Procurement Agreement Under the GPA, many large public sector procurement opportunities must be opened up to suppliers in the EU and certain other countries (the parties to the Agreement), and this procurement must be subject to open, fair and transparent conditions of competition.5 The UK Government says that the UK becoming an independent […]
Migrants & NHS UK Post Deal Guidance
Guidance NHS entitlements: migrant health guide Advice and guidance for healthcare practitioners on the health needs of migrant patients. From: Public Health England Published: 31 July 2014 Last updated: 1 March 2021, see all updates Contents What this guidance is for Summary of changes after the Brexit transition period COVID-19 testing, treatment and vaccination Free services […]
Aircraft Emissions
Guidance Complying with the UK Emissions Trading Scheme (UK ETS) as an aircraft operator This guidance will help you meet your obligations under the UK Emissions Trading Scheme (UK ETS) as an aircraft operator. From: Department for Business, Energy & Industrial Strategy Published: 17 December 2020 Contents Check whether you have obligations under the UK […]
Exporting to UK 2021 Guidance
Guidance EU business: exporting to the UK English Deutsch Español Français Italiano Nederlands Polski Find out what EU businesses need to do to export to the UK. From: Department for International Trade Published: 2 December 2020 Last updated: 26 February 2021, see all updates Contents Buying or selling goods Transporting goods from the EU to the […]
Importing from UK 2021 UK Guidance
Guidance EU business: importing from the UK English Deutsch Español Français Italiano Nederlands Polski Find out what EU businesses need to do to import from the UK. From: Department for International Trade Published: 2 December 2020 Last updated: 26 February 2021, see all updates Contents Buying or selling goods Transporting goods from the UK to the […]
Roll on Roll off UK Ports
Guidance Sending goods to the EU through roll on roll off ports or the Channel Tunnel Find out what to do if you use roll on roll off locations or the Channel Tunnel to transport goods to the EU from the UK. From: HM Revenue & Customs Published: 4 December 2018 Last updated: 26 February […]
International Designs UK 2021 Guidance
Guidance International EU protected designs Changes for businesses and holders of international EU protected designs. From: Intellectual Property Office and Government Digital Service Published: 24 February 2021 Contents Creation of the re-registered international design Numbering of re-registered international design Pending applications Opt-out of holding a re-registered international design Renewals and restoration Deferred publication Print this page Protected […]
Goods Trading NI
Guidance Trading and moving goods in and out of Northern Ireland How to prepare if you trade and move goods in and out of Northern Ireland. From: HM Revenue & Customs Published: 7 December 2020 Last updated: 16 February 2021, see all updates Applies to: Northern Ireland Contents Overview Before you move goods Making declarations Moving […]