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Articles by Arabella Lang
Rwanda MoU: scrutiny is the oxygen of democracy
The UK-Rwanda memorandum of understanding (MoU) has attracted much criticism from across the political spectrum on ethical, political and financial as well as legal grounds. One criticism that has become increasingly central to the legal challenges is around enforceability: can the promises in the MoU be upheld? Another criticism that also follows from its status as a non-binding MoU is around accountability: should the policy have been subject to parliamentary scrutiny or even assent?
How Parliament treats treaties
Overview International treaties matter to everyone. They can be as important as domestic legislation – sometimes more so – and are an increasing part of UK Government activity, particularly in areas previously handled for the UK by the EU such as trade and fisheries. In response, Parliament has increased committees’ treaty scrutiny, and the Government has made some commitments to support scrutiny of trade treaties.
Parliament's role in ratifying treaties
The Government makes treaties… The UK Government is responsible for negotiating, signing and ratifying the 30 or so international treaties involving the UK each year. The starting point for treaty ratification in the UK is that the Government has the power to make international treaties under its prerogative powers.
The European Economic Area
Introduction Some have called for the UK to remain a member of the European Economic Area (EEA) after Brexit. Others regard this as keeping the UK in too close a relationship with the EU. This briefing paper describes the main features of the EEA, its institutional structure, pros and cons of EEA membership, the arguments around the process of withdrawing from the EEA and suggestions for other bespoke future relations with the EEA.
The Trade Bill
This paper on the Trade Bill has been updated to take account of the Committee Stage. This Commons Library briefing analyses the Trade Bill. This Bill is one of a series of “Brexit Bills” intended to adjust UK legislation for Brexit, in addition to the European Union (Withdrawal) Bill (EUW Bill). Together with the Customs Bill (the Taxation (Cross-Border Trade) Bill), the Bill is intended to allow the UK to continue its existing trade policy as far as possible immediately after Brexit.
The European Union (Withdrawal) Bill: exit day
Exit day and the EUW Bill as introduced The UK Government triggered Article 50 on 29 March 2017, beginning the formal process of negotiating the UK’s withdrawal from the European Union (EU). The EUW Bill was published on 13 July 2017 and is designed to prepare the UK’s statute book for the day that the UK leaves the EU: exit day. The EUW Bill specifies that there will be an exit day: clause 1 of the EUW Bill states that “the European Communities Act 1972 is repealed on exit day”.
European Union (Withdrawal) Bill
The Bill cuts off the source of European Union law in the UK by repealing the European Communities Act 1972 and removing the competence of European Union institutions to legislate for the UK. As such, the EUW Bill has been referred to as “the Great Repeal Bill”. The Bill provides for a complex mixture of constitutional change and legal continuity.
Brexit: the talks begin
House of Commons Library Brexit: the talks begin Published Wednesday, July 12, 2017
European Union (Notification of Withdrawal) Bill: analysis of Lords' amendments
This Commons Library briefing analyses the Lords’ new clauses on EU/EEA citizens in the UK and on a ‘meaningful vote’ at the end of the negotiations, for the Bill's return to the Commons. The European Union (Notification of Withdrawal) Bill is returning to the Commons on Monday 13 March 2017 for consideration of two amendments inserted by the Lords. One is on the status of EU/EEA citizens in the UK, and the other is on a ‘meaningful’ parliamentary vote at the end of the negotiation period.
Parliament's role in ratifying treaties
This paper covers Parliament’s role in ratifying treaties up to 2017. This paper is no longer being updated by the Library. See our new paper 9247 ‘How Parliament treats treaties’ – for the most up to date information on this topic. The Government makes treaties… The UK Government is responsible for negotiating, signing and ratifying the 30 or so international treaties involving the UK each year.
European Union (Notification of Withdrawal) Bill
This Library briefing analyses the short Bill that offers Parliament its first opportunity to give legal effect to the result of the EU referendum by providing the UK Government with authority to trigger Article 50 on leaving the EU. The European Union (Notification of Withdrawal) Bill was published on 26 January 2017 and will be debated in the House of Commons from 31 January to 8 February 2017.
Brexit: some legal, constitutional and financial unknowns
This Commons Library briefing looks at some of the basic ‘unknowns’ relating to Brexit. The unknowns cover areas such as a role for the UK Parliament and the devolved legislatures in the Brexit process, relations with the EU institutions, the economic impact on the UK, and changes to citizens’ rights. What do we not know about Brexit? An awful lot. We don't even know when the negotiations can start, let alone what they will be about or when they will end. Article 50 has never been used before.
Brexit: some legal, constitutional and financial unknowns
This Commons Library briefing looks at some of the basic ‘unknowns’ relating to Brexit. The unknowns cover areas such as a role for the UK Parliament and the devolved legislatures in the Brexit process, relations with the EU institutions, the economic impact on the UK, and changes to citizens’ rights. What do we not know about Brexit? An awful lot. We don't even know when the negotiations can start, let alone what they will be about or when they will end. Article 50 has never been used before.
Brexit: impact across policy areas
More information has been published on many of the topics discussed in this briefing paper. Check the sub-headings on the parliamentary Brexit hub, Brexit: next steps of UK’s withdrawal from the EU, for more recent papers in a particular area. Trade Taken as a group, the EU is by far the UK’s most important trading partner. In 2015 it accounted for 44% of UK goods and services exports (£222 billion) and 53% of UK imports (£291 billion). The UK imports more from the EU than it exports to it.
Brexit: how does the Article 50 process work?
This Commons Library briefing paper looks at the process of withdrawing from the EU under Article 50 of the Treaty on European Union. There could be a complex and difficult negotiation lasting two years or more, or the UK could leave without settling its exit terms or its future relationship with the EU. The Treaty base for EU withdrawal is Article 50 of the Treaty on European Union (TEU).
Brexit: how does the Article 50 process work?
This paper describes the Article 50 TEU process, and developments since the EU referendum in June 2016 up to January 2017. More recent Brexit developments in the EU and the UK are discussed in other Library briefing papers on the Parliamentary website. Article 50 TEU The Treaty base for EU withdrawal is Article 50 of the Treaty on European Union (TEU). This is now considered the only legal way to leave the EU, although some suggested there are other ways.
Legal basis for UK military action in Syria
The House of Commons is likely to debate a Government motion on using military force against ISIS/Daesh in Syria, possibly in early December 2015.
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