EVENTS IN 2019
UKAEL Annual Lecture: The UK Constitution and Brexit – 4 December 2019, Edmond J Safra Theatre, King’s College London
Lord Neuberger of Abbotsbury gave the Annual Address to an audience of over 90 people, followed by a Q&A session and a very lively drinks reception.
In the Chair: Sir Alan Dashwood QC
The UK constitution is flexible, a quality much in demand in recent years. In his UKAEL Annual Lecture for 2019, Lord Neuberger set events in the period since the June 2016 Referendum within the context of constitutional developments over the past half century: in the 1970s, the UK’s access to the European Communities (as they then were) and the start of the growth of judicial review; in the 1990s , the introduction of Human Rights into domestic law and the quasi-abolition of hereditary peers; in 2005 the Constitutional Reform Act; and then in 2010 the Fixed Term Parliaments Act and in 2016 the Referendum Act. The last two Acts have had a profound impact on our democratic conventions both inside and outside Parliament – and indeed, with the two Miller cases, on the involvement of the judiciary. Lord Neuberger offered some conclusions on what undoubtedly remains very much unfinished business.
UKAEL Student Evening: EU Law In Practice – A discussion With EU Law Professionals, 23 November 2019 – Freshfields Bruckhaus Deringer LLP
We invited students, trainee solicitors and pupil barristers to an evening of short talks on practising EU Law both now and post Brexit. The event was hosted by Freshfields Bruckhaus Deringer LLP.
This was an informal occasion to meet EU Law professionals and fellow EU Law students. The presentations addressed the practice of EU Law, both now and in the future, in different sectors of the professional world. Speakers covered typical work scenarios and career patterns of their work and answered numerous questions. The meeting was attended by over 90 people and was followed by a lively reception.
• The Bar: Anneli Howard, Monckton Chambers
• The Government: Adrian Roberts, DExEU Legal Advisers
• Academia: Prof Andrea Biondi, King’s College London
• The International Law Firm: Martin McElwee, Freshfields Bruckhaus Deringer LLP
Prof Philippa Watson, UKAEL Hon Secretary, was in the Chair.
UKAEL Seminar: Effective Protection of EU-Derived Rights in the UK after Brexit – 13 November 2019, Bush House, King’s College London
The United Kingdom Association for European Law invited legal practitioners, academics, students and the general public to a panel discussion regarding the critical issue of the protection of rights derived from EU law after the UK withdrawal from the EU. The need for protection of citizens’ rights haD been common ground throughout the negotiations but the detail and scope of what is involved is far from being agreed, both for foreign residents and for UK and non-UK EU nationals wishing to live or work in other Member States. The seminar was attended by 40 people and followed by a lively drinks reception.
Luke Piper: “Citizens’ Rights in the Withdrawal Agreement”. Luke Piper is a solicitor at South West Law and legal advisor to the3million.
Monique Hawkins: “The Challenges Surrounding Settled Status”. Monique is a Dutch software analyst who has lived in the UK since 1984. Monique has since become a dual British-Dutch citizen. She also campaigns for fairer dual nationality legislation in the Netherlands.
Alison Pickup: “Citizens’ Rights in a No-Deal Scenario”. Alison is the Legal Director of the Public Law Project and an Associate Tenant at Doughty Street Chambers.
Rhodri Thompson QC: “The Rights of Non-Residents after Brexit”. Rhodri is Honorary Treasurer of the UKAEL and Chair of the EU Law Committee of the Bar Council and has appeared in many prominent cases in EU law, including the first Gina Miller case in the Divisional Court and Supreme Court.
The panel was chaired by Anneli Howard, a barrister at Monckton Chambers who acted in Miller 1, Article 127 Single Market challenge and Wightman.
UKAEL Seminar: The CJEU’s CETA Opinion and the Future of Investment Arbitration – 8 May 2019, City University of London
This was a highly topical panel discussion regarding the CETA Opinion of the European Court of Justice handed down on 30 April. Opinion 1/17 determines whether the Commission’s plans for the development of an Investment Court system as a successor to the existing system of international investment arbitration have any future. The Court’s Opinion has a bearing on the future of arbitration under the Energy Charter Treaty, and not only in intra-EU disputes. Will it be possible, in the light of the Opinion, to place a realistic limit on the safeguards the Court of Justice considers necessary to preserve the integrity of the EU legal order? Or is investment arbitration under international agreements, with the EU and its Member States as parties, liable to become a dead letter?
Panos Koutrakos, Professor of EU Law at City, University of London, and a Barrister at Monckton Chambers: ‘The CETA Opinion in the light of Achmea’
Sonja Boelaert, senior legal adviser for the Council of the European Union and the European Council: ‘The institutional perspective’
Christophe Bondy, Cooley (UK) LLP, senior counsel in negotiations for the CETA: ‘The external perspective’
Sir Alan Dashwood QC, President of UKAEL, was in the chair.
The seminar was attended by 30 people and followed by a lively drinks reception.
UKAEL Seminar: The Future After Brexit – 30 January 2019, Edmond J. Safra Theatre, Kings College London
The United Kingdom Association for European Law in conjunction with the Bar European Group invited academics, students, legal practitioners and the general public to a panel discussion regarding the ramifications of the meaningful vote in Parliament for the UK’s future relationship with the EU.
Case C-621/18 Wightman– Revocability and Constitutional Implications: Aidan O’Neill QC, Matrix Chambers
Chair: Sir Alan Dashwood QC
Round Table: Implications for Trade and Sectoral Regulation
Chair: Kieron Beal QC
Environmental Issues: Begonia Filgueira
Free Movement of Services: Hugh Mercer QC
Legal Professionals: Philip Moser QC
Competition Law and State Aid: Jon Turner QC
Regulatory Co-Operation: Anneli Howard
Individual Rights and Civil Justice: Victoria Wakefield
The seminar was attended by over 100 people, many of whom proceeded to the drinks reception following the seminar.
EVENTS IN 2018
UKAEL Seminar: After the Article 50 Judgment and the Commons Brexit Vote: What next? – 13 December 2018, Bush House, King’s College London
We invited academics, students, legal practitioners and the general public to a panel discussion regarding the recent CJEU ruling on the revocability of the Article 50 withdrawal notice and the constitutional implications of the meaningful vote in Parliament.
Speakers included: Gerry Facenna QC, Monckton Chambers; Prof Piet Eeckhout, University College London; Anneli Howard, Monckton Chambers; and Prof Takis Tridimas, Kings College London and Matrix Chambers.
The seminar attracted over 50 attendees and was followed by a drinks reception.
UKAEL Annual Lecture: Sovereignty, Law and the Common Good: Constitutional Lessons from Brexit – 4 December 2018, Edmond J Safra Theatre, King’s College London
Sir Martin Donnelly gave the Annual Address to an audience of over 60 people, followed by a very lively Q&A session and a drinks reception.
In the Chair: Sir Alan Dashwood QC
What does the Brexit process tell us about shifting views of law and constitutional legitimacy within and across the United Kingdom? Events since 2014 have increased the need for a new constitutional settlement, even as the country becomes more profoundly divided about what that might entail. The alternative is an unstable period of majoritarian identity politics, with consequences for the UK’s economic wellbeing and national cohesion.
UKAEL Student Event: EU Law in Practice: A discussion With EU Law Professionals – 20 November 2018, Freshfields Bruckhaus Deringer LLP
We invited students, trainee solicitors and pupil barristers to an evening of short talks on practising EU Law both now and post Brexit. The event was hosted by Freshfields Bruckhaus Deringer LLP.
This was an informal occasion to meet EU Law professionals and fellow EU Law students. The presentations addressed the practice of EU Law, both now and in the future, in different sectors of the professional world. Speakers covered typical work scenarios and career patterns of their work and answered numerous questions. The meeting was attended by over 100 people and was followed by a lively reception.
• The Bar: Anneli Howard, Monckton Chambers
• The Government: David Thorneloe, DExEU Legal Advisers
• Academia: Prof Andrea Biondi, King’s College London
• The International Law Firm: Martin McElwee, Freshfields Bruckhaus Deringer LLP
Rhodri Thompson QC, UKAEL Honorary Treasurer, was in the chair.
UKAEL Seminar: Brexit and the Free Movement of Persons – 6 November 2018, City University of London
Three leading UK experts on EU law and immigration policy discussed one of the central issues in the ongoing debate over the UK withdrawal from the EU.
Prof Michael Dougan, Professor of European Law and Jean Monnet Chair in EU Law at the University of Liverpool – “Citizens’ Rights in the Draft Withdrawal Agreement”
In March 2018, the EU and the UK reached agreement on the citizens’ rights provisions of the draft withdrawal treaty provided for under Article 50 TEU. This paper considered some of the key issues raised by that agreement: for example, the implications of using existing EU free movement law as the general baseline for protection under the withdrawal treaty; various situations where the withdrawal treaty envisages divergent standards of protection as compared to existing EU law; and some of the peculiar features concerning interpretation, enforcement and governance of the citizens’ rights provisions.
Sir Nicholas Blake QC, founding member of Matrix Chambers – “Treaty-Based Rights to Free Movement”
Sir Nicholas began with the distinction between discretionary admission of aliens under the Immigration Rules and EU rights of free movement to enter and remain in the UK pursuant to the Treaties and the measures adopted to give effect to them. He explored how case law over the past 40 years established Treaty based rights including EU rights for British citizens seeking to leave and re-enter the UK and citizenship rights. If there is a future agreement for reciprocal benefits for EU citizens, how should these rights and obligations be provided for?
Adrian Berry, immigration barrister at Garden Court Chambers – “Losers under the Withdrawal Agreement and the Future of Migration to and from the EU”
Adrian started with the situation of people in the UK by virtue of EU law who will not be protected by the Withdrawal Agreement after the end of the transition period in 2020. He set out who stands to lose out. After that he examined the future of migration policy to and from the EU. He considered aspects of economic migration policy, the migration of British citizens to and around the remaining EU 27 States, short-term provision of professional and commercial services by UK-based entitles to EU clients, and the impact on investment decisions on transnational businesses with offices in the UK and other EU States. He also considered the rise of a common EU-wide immigration policy and its competitive effect on the setting of in-bound UK immigration policy.
The seminar was chaired by Prof Philippa Watson, Essex Court Chambers, Honorary Secretary of UKAEL, and was followed by a drinks reception for the 50 attendees.
Joint UKAEL/CEL Book Launch: “EU Customs Law (Third Edition)” by Timothy Lyons QC – 11 July 2018, The River Room, King’s College London
The UKAEL, in association with the Centre of European Law at King’s College London, invited their membership to the launch of “EU Customs Law (Third Edition)” by Timothy Lyons QC.
Timothy Lyons QC of 39 Essex Chambers is well known for his work on EU customs, trade, WTO and tax matters. The book launch provided an opportunity to reflect on the significance of EU customs law after 50 years of customs union, at a time when new challenges are arising in international affairs and Brexit is dominating UK politics.
Introduction by Sir Francis Jacobs KCMG QC,King’s College London
Comments by Josephine Norris-Usher, European Commission
Sir Alan Dashwood QC, Henderson Chambers, in the chair
The Book Launch included a drinks reception for about 30 attendees.
Joint UKAEL/CEL Seminar: The EU and Free Trade: Law and Policy – 9 May 2018, Bush House, King’s College London
In this tumultuous moment for global trade governance, the European Union places itself as leader for reform. The challenges that the EU faces in this reform process are however numerous and, as highlighted by recent pronouncements of the European Court of Justice such as the Singapore Opinion and the Achmea judgment, include, among others, the limits of the EU competencies for the conclusion of its broad Free Trade Agreements and the future of investor-state disputes in the EU.
On the very “fitting” date of Europe Day (9 May), the Centre of European Law of King’s College London and the UKAEL (UK Association for European Law), in the framework of the Jean Monnet Network “LAwTTIP: Legal Ambiguities withstanding the TTIP,” arranged a seminar on The EU and Free Trade: Law and Policy.
This seminar provided an opportunity for expert analysis of these and many more issues relating to the future of EU trade. The panel included Dr Isabelle Van Damme, Counsel at Van Bael & Bellis, Dr Lucio Gussetti, Director and Principal Legal Adviser for Foreign and External Relations of the European Commission, and Sir Alan Dashwood QC. Christopher Vajda QC, Judge at the European Court of Justice, was in the chair.
The seminar was followed by a drinks reception for 60 attendees.
UKAEL Seminar: An Evening with our National FIDE Rapporteurs – 23 April 2018, City University of London
The XXVIII FIDE Congress was held in Estoril, Portugal from 23-26 May 2018. It is a biennial event attended by over 500 jurists. The UKAEL is the UK branch of FIDE and we therefore encourage all our membership to attend this very important conference. For those unable to attend, the UKAEL, in conjunction with City Law School, arranged a seminar with our national rapporteurs.
“The External Dimension of EU Policies”, presented by Prof Panos Koutrakos, Professor of European Union Law, Jean Monnet Chair in European Law, City, University of London.
“Tax, State Aid and Distortions of Competition”, presented by Prof Andrea Biondi, Professor of European Union Law, Director Centre of European Law, Dickson Poon School of Law, Kings College London.
The seminar was chaired by Prof Phiippa Watson, UKAEL Secretary, Essex Chambers, City Law School
The seminar was followed by a drinks reception for the 20 attendees.
UKAEL Seminar: The Achmea Judgment of the CJEU – An Answer at last to the Issue of the Legality of intra-EU Bits? – 26 March 2018, River Room, King’s College London
The CJEU judgment in the Achmea case might at last provide an answer to the question of the compatibility with EU law of the many intra-EU BITs resulting from the accessions of 2004, 2007 and 2013. Read with Advocate General Wathelet’s Opinion, the judgment would be of intense interest both to EU law specialists and to specialists in international investment law.
This seminar provided an early opportunity for expert analysis of the issues, from the investment law perspective by Dr Lorand Bartels of the University of Cambridge, and from the EU law perspective by Prof Panos Koutrakos of City University, with commentary by the Chair, Sir Alan Dashwood QC, in the light of his practical experience of the Micula litigation.
The seminar was followed by a drinks reception for the approximately 40 attendees.
EVENTS IN 2017
UKAEL Annual Lecture: European Law in the United Kingdom – 14 December 2017, Great Hall, King’s College London
Sir Jonathan Faull delivered the Annual Lecture which was followed by a lively Q&A session and drinks reception.
In the Chair: Sir Alan Dashwood QC
UKAEL Seminar: The Withdrawal Bill and What Follows: Progress and Prospects of the Bill and Possible Transitional Arrangements – 16 November 2017, River Room, King’s College London
A view from the Bar – Rhodri Thompson QC
A view from the House of Lords – Lord Hannay of Chiswick
The Shape and Legal Basis of Transitional Arrangements – Sir Alan Dashwood QC
Chaired by Sir Francis Jacobs QC
This seminar examined the progress of the Withdrawal Bill from a legal and political perspective as well as the challenges and limitations of the draft legislation. Sir Alan Dashwood then discussed the increasingly urgent question of what interim arrangements can be put in place if the two-year Article 50 negotiation period expires without any final agreement having been reached.
The presentations followed by a discussion before the 50 attendees were invited to join the speakers at a drinks reception.
UKAEL Student Evening: EU Law in Practice : The Impact of Brexit. A discussion with EU Law Professionals – 18 October 2017, Hogan Lovells LLP
The UK Association for European Law invited students, trainee solicitors and pupil barristers to an evening of short talks on practising EU Law both now and post Brexit. The event was hosted by Hogan Lovells LLP.
This was an informal occasion to meet EU Law professionals and fellow EU Law students. The presentations addressed the practice of EU Law, both now and in the future, in different sectors of the professional world. Speakers covered typical work scenarios and career patterns of their work and answered numerous questions. The meeting was attended by approx. 100 people and was followed by a lively reception.
• The Bar (Alan Bates, Monckton Chambers)
• The Government (Daniel Denman, Director DExEU Legal Advisers)
• Academia (Prof Andrea Biondi, King’s College London)
• The International Law Firm: (Christopher Hutton, Partner Hogan Lovells)
Prof Philippa Watson, UKAEL Honorary Secretary, was in the Chair.
UKAEL Seminar: The Unified Patent Court and the UK. A Glimmer of Hope for a Softish Brexit? – 13 March 2017, River Room, King’s College London
Dr Christopher Stothers, partner at Arnold & Porter Kaye Scholer LLP: What is the UPC?
“The proposed Unified Patent Court (UPC) is an international patent court which will include UK judges. It will hear pan-European patent disputes which at present are typically heard country-by-country (under the Brussels Regulation). Under the UPC Agreement, the UPC must respect European Union law and cooperate with the CJEU by relying on its case law and making references. However, the CJEU previously considered a proposed European and Community Patents Court, which also allowed references to the CJEU, and found it in breach of EU law, apparently in part because it included non-Member States of the EU. Can the UK participate in a UPC which relies on and refers to the CJEU? Can the EU participate in a UPC which the UK participates in?”
Dr Luke McDonagh, Senior Lecturer at City, University of London: What is the substantive role of the ECJ in the UPC?
“While the European Patent Convention remains outside of EU law even within the Unified Patent Court (UPC) system, the fact remains that there are several pieces of patent-related EU legislation, including the Biotech Directive, and regulations covering Supplementary Protection Certificates. For this reason there are several important questions – concerning the nature of patentable biotechnological inventions and the extension of patent protection for pharmaceutical inventions – that may require the UPC to request rulings of the CJEU.”
Duncan Matthews, Professor of Intellectual Property Law at the Centre for Commercial Law Studies, Queen Mary University of London: How can we make it work post-Brexit?
“Three key questions arise in relation to the participation of the UK in the UPC post-Brexit. What arrangements could be put in place so that the UK could participate in the UPC post-Brexit? How might the Regulation on the European Patent with Unitary Effect apply post-Brexit? What would happen should the UK decide to leave the UPC after ratification?”
The presentations were summed up by Sir Alan Dashwood QC and followed by a discussion before the 40 attendees were invited to join the speakers at a drinks reception.
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