Curated legal commentary on issues facing the European Union, a politico-economic union of 28 member states located primarily in Europe.

Why the Involvement of the ECJ May Become a Stumbling Block On 19 March 2017 the UK delivered its notice to leave the European Union (EU) pursuant to Article 50 of the Treaty on European Union (TEU). Such notice started the two-year “sunset period”, at the end of which the UK will cease to be a member state of the EU (subject to potentially three exemptions). View Full Post
This article was originally posted on our sister blog Inside Medical Devices The EU Regulatory Committee on Medical Devices recently voted in favor of the European Commission’s draft decision on the classification of cranberry products (the “Cranberry Decision”).  In essence, the Cranberry Decision provides that cranberry products intended to prevent or treat cystitis and that have a principal intended action based on proanthocyanidins (“PACs”) do not fall within the definition of medical devices.  View Full Post
At a European council summit dinner last night, Theresa May outlined the UK’s offer to secure the rights of EU citizens in the UK.  The key points have been reported as follow: EU citizens with 5 years’ residence in the UK before a cut-off point (expected to be no later than Brexit day) will be eligible for a ‘settled status’ category allowing the same rights to education, healthcare, pensions and benefits as other UK citizens. View Full Post
Brexit – Squaring the Circle and involving the European Court of Justice Clash of Philosophies: There is a potentially irreconcilable clash of constitutional philosophies between the UK and the EU which results in certain “no go” areas on the EU side for the forthcoming Brexit negotiations…2) Perspective of the EU27: The EU27’s approach is driven by the perception that the European Union is not merely representative of a negotiable bundle of international trade treaties but is a supranational entity based on and subject to a constitution created by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). View Full Post
Rolling Back Red Tape in the UK On 19 April 2017, the day after the UK Prime Minister’s surprise General Election announcement, the Red Tape Initiative (RTI) was quietly launched in Westminster. Established by Rt Hon Sir Oliver Letwin MP, who was in overall charge of the Cabinet Office until July 2016 and briefly head of the Brexit Unit after the Referendum, the RTI is a non-partisan project, bringing together “all three major UK-wide political parties to forge a consensus on the regulatory changes that could benefit both businesses and their employees in a post-Brexit Britain”. View Full Post
The EU pharmaceutical industry landscape is in significant flux. There are many pressures to provide new therapies and to make them available more early and for as many qualifying patients as possible. In that context, the industry model and the role of exclusivity rights as a tool to stimulate innovation are being discussed. View Full Post