freedom of movement


Get out the back, Jack? make a new plan, Stan?

5 July 2016 by

slammingdoor1… well there aren’t exactly fifty ways to leave the European Union, but from the vociferous debate in legal as well as political circles we might be excused for thinking there are a great deal more. Today’s Times reports that “1,000 people join legal fight against Brexit” to ensure that parliament votes before the government formally triggers the exit procedure from the EU. David Pannick will argue the challenge. But against such a legal heavyweight is former law lord Peter Millett, whose letter published in yesterday’s Times declares that the exercise of our treaty rights is a matter for the executive and the triggering of Article 50 does not require parliamentary approval. So whom are we to believe?

In her guest post Joelle Grogan has speculated upon the possible future for rights in the immediate aftermath of the referendum so I won’t cover the same ground. I will simply draw out some of the questions considered in two reports produced before the result of the referendum was known: 1. House of Lords EU Committee Report (HL138) and the more detailed analysis by Richard Gordon QC and Rowena Moffatt: 2 “Brexit: The Immediate Legal Consequences”.

  1. The House of Lords EU Report

Is Article 50 the only means of leaving the EU?

States have an inherent right to withdraw. It would be inconceivable that the member states of such a close economic arrangement would force an unwilling state to continue to participate. The significance of Article 50 therefore lies not in establishing a right to withdraw but in defining the procedure for doing so.
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Passports at the junction of international and domestic law – Richard Alton

30 August 2015 by

0304367Western governments are increasingly concerned to establish that they have the power to prevent individuals from traveling to the Middle East to engage in terrorism-related activity (see Rosalind English’s recent post on Jihadi Brides). This has resulted in a spike in passport seizures, especially on the domestic level.  Under Chapter 1 of the Counter-Terrorism and Security Act 2015 the UK government has the authority to seize UK passports

where a person is suspected of intending to leave Great Britain or the United Kingdom in connection with terrorism-related activity.

These events encouraged me to revisit a 2010 publication I co-authored with my colleague Jason Reed Struble, entitled ‘The Nature of a Passport at the Intersection of Customary International Law and American Judicial Practice’ (16 Ann. Surv. Int’l & Comp. L. 9 (2010)). In that piece we discussed the very nature of a passport and its role in both international and United States domestic law. This article focussed on the seizure of foreign passports by the U.S. Department of Homeland Security, and the subsequent tribulations that follow. Thus, the work focused on a different spectrum of passport seizures, i.e. a government seizing another government’s passport, as opposed to a government seizing passports of its own nationals.
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