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three tall women review March 29, 2018

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Here. I saw this play in previews. It was wonderful – a really interesting play with splendid acting by all 3 of the main actors.

two exceptional pieces in the guardian: anne enright and deborah levy March 24, 2018

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My day started with Anne Enright’s article on abortion and Deborah Levy’s piece on starting again at 50. Two beautiful and powerful articles to begin a day with.

eu statement on the 25th anniversary of the single market March 20, 2018

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A joint statement from Antonio Tajani, President of the European Parliament, Jean-Claude Juncker, President of the European Commission, and Boyko Borissov, holder of the rotating Council Presidency and Prime Minister of Bulgaria with the title, One Market- One Europe highlights a positive view of what the UK is seeking to leave behind (as it moves from being an internal (but perhaps not completely reliable) source of strength for the EU to being an external source of potential risk):

Over the past 25 years, the integration of our economies throughout the Single Market has generated millions of jobs, and made the EU the world’s largest economy. The Single Market is the jewel in the crown of our integration and this domestic market of 500 million people is the foundation for Europe’s strength, at home and abroad.
The Single Market provides Europe’s citizens with the freedoms and opportunities that were only a dream for our parents and grandparents, and our social market economy benefits us all. There are no second-class Europeans in our Single Market and so there is no room for second-class products or for second-class workers; meaning, the same pay for the same work in the same place, the same quality of food and the same safety of toys and other products….
The European Single Market is 25 years young. A generation of Europeans has grown up with it and benefitted from it. We will keep making it stronger so that the next generation will benefit even more.

art 50 notification withdrawal case to proceed March 20, 2018

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The Court of Session (Inner House) addressed a challenge to the rejection of a petition for a preliminary reference on the issue of withdrawal of the Art. 50 notification. The case should proceed to a full hearing. The Court said:

if this petition were shorn of its rhetoric and extraneous and irrelevant material and were reduced, after adjustment, to a manageable size which conformed to Lord Hope’s guidance in Somerville v Scottish Ministers … a case of substance, albeit not necessarily one which is likely to succeed, can be discovered. The issue of whether it is legally possible to revoke the notice of withdrawal is, as already stated, one of great importance. On one view, authoritative guidance on whether it is legally possible to do so may have the capacity to influence Members of Parliament in deciding what steps to take in advance of, and at the time of, a debate and vote on the European Union (Withdrawal) Bill. After all, if Parliament is to be regarded as sovereign, the Government’s position on the legality of revoking the notice may not be decisive. Whether such guidance falls within the proper scope of judicial review aises yet another issue. However, that scope is wide and … the law is always developing and, in certain areas,it can do so quickly and dramatically.The scope of judicial review of Government policy may be one such area, at least where no issue of questioning what is said in Parliament arises.

flowers misconduct leads to financial services ban March 6, 2018

Posted by Bradley in : regulation , add a comment

The Financial Conduct Authority banned Paul Flowers, ex Chair of the Co-Operative Bank, from the financial services industry. I’m not sure whether this decision reinforces confidence in the FCA’s approach to policing misconduct or not. The Final Notice singles out his inappropriate use of his work telephone and email accounts to call chat lines and send and receive inappropriate messages (including sexually explicit messages) and his conviction for possession of illegal drugs. And the notice states:

The misconduct…. occurred notwithstanding that Mr Flowers had agreed to uphold high standards, as the Chair of Co-op Bank, as an Approved Person and as a Methodist Minister. Mr Flowers has demonstrated through his actions that he lacks the readiness and willingness to comply with standards to which he is subject, including those of the regulatory system. As such, he lacks the fitness and propriety required to operate in the financial services industry.

It may be that a Methodist Minister would appear by virtue of that status to be more trustworthy than a non-Minister, thus disappointment about moral and legal failings may be greater. But I am not sure why this belongs in the final notice.

my article on european (dis)union published February 27, 2018

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European (Dis)union: Dis)union: From the 1992 Single Market to Brexit, 25 U. Miami Int’l & Comp. L. Rev. 1 (2017).

johnson on brexit:”the great liberal project of the age” February 14, 2018

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The web page where the speech appears states “Delivered on:14 February 2018 (Transcript of the speech, exactly as it was delivered).” But I imagine that the Foreign Secretary did not in fact say “[political content removed].” I wonder what that political content was that is omitted from this “exactly as it was delivered” transcript. And this makes me wonder (as if I didn’t already) how much of what is left in is to be trusted. It’s mostly more careful than I expected, but it’s also all political rhetoric and magical thinking.

uk “technical note” on international agreements: let’s all eat cake February 8, 2018

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According to the technical note:

The UK proposes that these third country agreements which apply to the UK in its capacity as an EU Member State (as referred to at paragraph 15 of the EU’s negotiating directives of 29 January) should continue to apply to the UK in the same way for the duration of the implementation period. In other words, the UK would continue to be bound by the rights and obligations flowing from the agreements for this period. Multilateral agreements to which the EU is a party raise different considerations and are not covered by this note.

I don’t see what is “technical” about pretending that the UK has a status it will not have. This seems the opposite of technical. I.e. fantastical. But, of course, that is now par for the course.

do uk citizens lose eu citizenship rights after brexit? February 8, 2018

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The Court of Justice is to be asked to answer this question on the basis of a preliminary reference by the Amsterdam District Court (the decision linked to by this post proposes two questions to be referred). Unfortunately this does not seem to be a hypothetical question.

emmeline February 7, 2018

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Suffragette or character in Hot Chocolate song?