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The EU referendum was won based on a corrupt campaign, but the courts can't void the result because the referendum only advisory, according to the barrister who took the government to court.
“As you would expect from an independent nation, we can’t be subject to the rules and laws made by somebody else" / Really? That could have some rather far reaching consequences...
"The law that P&O are allegedly relying on was introduced as a result of EU directives... He [Starmer] would have kept us unable to change it... He would have made it impossible to protect UK employees" (Johnson). / Ireland & Spain banned fire & rehire. Both are in the EU.
'There is no reason to extend parts of the UK Fisheries Bill to Jersey. The inclusion of a Permissive Extent Clause is unwanted and completely unnecessary. Jersey remains in full control of its fisheries legislation and territorial waters.'
In this EXPLOSIVE episode of #3Blokes In The Pub, Jason and Graham travel to Geneva, Switzerland, a city filled with the world’s leading experts in international trade, intergovernmental law and global geo-economics on a two day fact-finding mission.
In this EXPLOSIVE episode of #3Blokes In The Pub, Jason and Graham travel to Geneva, Switzerland, a city filled with the world’s leading experts in international trade, intergovernmental law and global geo-economics on a two day fact-finding mission.
This week Jason and I are joined by George Revel, top international lawyer, in order to discuss the legal ramifications of #ProjectSuicide (aka Brexit) as it pertains to International Law.
Tory rebel says Boris Johnson would face instant legal challenge if he sought loophole. / The former justice secretary David Gauke has said ministers cannot bypass a new law to force Boris Johnson to seek a Brexit extension despite fears the government has found a loophole to ignore it.
'I will be selective about the inaccuracies (and won’t refight Brexit arguments), but start with the ludicrous claim at the bottom of column 1.'
Specialist in EU law, barrister Martin Kowe KC, believes that Boris Johnson's government "ran out of steam" whilst trying to achieve Brexit.
Ursula von der Leyen said on Wednesday it was still uncertain if a deal on the future relationship between the EU and the UK could be struck before the end of the year.
African Union law is the body of law comprising treaties, resolutions and decisions that have direct and indirect application to the member States of the African Union (AU).
There were sighs of relief in many quarters when it was announced that the British government was not going ahead with plans for a wholesale bonfire of EU regulation.
HMRC says millionaire owes money for inheritance tax liability on Ukip donations.
New Irish rules prevent dual-qualified lawyers practising in Ireland without a physical presence in the country.
The PM could be dragged to the court again for a dramatic, late-night session - to force him to obey the law.
Boris Johnson is threatening to sabotage the EU to make it cave in on a Brexit deal – or reject MPs’ plan to stop the UK crashing out of the bloc.
Boris Johnson would face a fresh legal challenge if he tries to use a legal loophole to bypass a law ordering him to delay Brexit to prevent a no-deal, a former Tory cabinet minister has said.
No 10 to target judicial reviews brought ‘for political motives’ to ‘restore trust’ – but a leading critic fears ‘a monstrous attack on the courts’.
Senior lawyers have warned Boris Johnson he would "open the door wide to mob rule" if he defies rebel legislation to stop a no-deal Brexit.
The PM insisted he would 'uphold the Constitution' and 'obey the law' - but he still insists Brexit will happen on Halloween with or without a deal.
Reported move triggers backlash from lawyers, with one senior QC quoted as saying the prime minister is seeking a ‘more compliant judiciary’.
Prime minister intends to ‘change the scope of the royal prerogative and become a dictator’ campaigner Gina Miller suggests.
'Nowhere, not even in the small print, does it mention that the law of the land may prevent a no-deal Brexit'
Court of session in Edinburgh rejects attempt to prevent PM’s prorogation of Commons.
Anti-Brexit campaigners used judicial review to fight prorogation of parliament – but campaigners warn reform will hurt the most vulnerable.
Regardless of a deal or no-deal Brexit, the current political uncertainties are challenging the UK's position as the premier location for resolving disputes. Commercial courts have already opened in Paris and Amsterdam, with proceedings conducted entirely in English and expressly aimed at competing with the UK.
Animal health bodies have welcomed the government’s U-turn on its plans for scrapping swathes of retained EU legislation, which could have wiped out 44 animal welfare laws.
Rishi Sunak plans to rip up remaining EU laws by the end of the year left on the statute book after Brexit - but experts worry that any relaxation in seatbelt rules will discourage people from wearing them.
The Law Society of England and Wales has warned that COVID-19 lockdowns have delayed the full impact of Brexit on the legal sector, according to the Law Society Gazette of England and Wales.
Mired in politicking, the Brexit Freedoms Bill that will ‘move us away from outdated EU laws’ has still to be published. What lawyers are confronted with at present is an elaborate game of charades.
Rishi Sunak is facing a backlash from Tory Brexiteers after ditching a promise to complete a “bonfire” of remaining EU-era laws by the end of the year.
This project seeks to identify the constitutional, legal, human rights and equality aspects of Brexit for Northern Ireland, the relevant obligations and the options for going forward.
We need permission from France, Germany et al to rejoin an international treaty or risk hamstringing a large part of Britain’s legal services industry.
Four hours of Brexit talks over Northern Ireland ended with 'no substantive agreement' - with the UK threatening to extend a sausage trading deadline while the EU threatened tariffs in return.
Our fundamental values of democracy, human rights and the rule of law are under direct threat. The next election has to produce a different outcome, and we'll get it by holding the prime minister accountable
One welcome feature of this week’s Supreme Court decision on the prorogation issue was that it was openly and unapologetically a “constitutional” judgment.
Richard Desmond, the Brexit-backing media tycoon, is invoking EU law to sue the gambling regulator after it rejected his “fanciful” bid to run the national lottery, in a suit that could deprive good causes of millions of pounds.
After the Brexit referendum in 2016, European jurisdictions began to create their own specialist commercial courts, given the potential impact of leaving the EU on the UK’s own courts.
The government has ditched its plan for thousands of EU-era laws to expire automatically at the end of the year.
The government has been accused of rendering a Stormont committee "impotent" after failing to alert members to two new EU laws. / The new and updated environmental regulations have now come into force. / The delay means assembly members (MLAs) were not able to fully examine the impact of the new laws in Northern Ireland.
Under the government's Brexit plans, thousands of laws and regulations are to be scrapped or rewritten by ministers with no proper scrutiny.
EU laws that have protected hundreds of conservation sites and the species that live in them for decades could be watered down or lost with the EU withdrawal bill.
Peers have backed a "regret" amendment by a majority of 226, condemning the contentious provisions and warning they "would undermine the rule of law and damage the reputation of the United Kingdom".
FDA head demands assurances over Brexit act if government defies parliament.
The Court of Justice of the European Union has confirmed that UK citizens no longer possess EU citizenship after it was asked to rule on the topic by a British woman living in France.
The Welsh Government's approach to agreeing post-Brexit legislation with the UK government is "high-risk and flawed", a report has said.
Conservative Baroness Couttie said there is a lack of evidence to back up the government's claim that the EU is acting in bad faith.
Judge grants hearing of judicial review request after being told millions cannot access records.
Defying MPs over Article 50 extension likened to 'robbing a bank on the basis that the cash stolen would be donated to a charitable cause immediately afterwards'.
Foreign secretary suggests government will find a way around the legislation, to ensure the UK leaves the EU at the end of October.
UK constitutional law expert, Dr Mike Gordon assesses the impact the Government's EU Withdrawal Bill could have on existing legal structures, over and above the Brexit process.
A legal loophole – that has seemingly escaped the public purview in Britain – means that the UK is now caught in a legal lacuna, brought about by the illegal practices adopted by numerous Leave campaigns.
Policy comes as incoming president seeks to tackle claims she would be beholden to Poland and Hungary
Countries work on emergency laws to avert potential chaos of no-deal Brexit.
Future British governments could be unable to repeal new laws on workers’ rights, the environment, and health and safety, under the terms of the EU’s proposed Brexit trade deal.
Brussels’ former top law officer has rubbished Boris Johnson’s extraordinary plan to sabotage the EU and make it ‘no longer legal’, arguing it makes no sense.
Lord Sumption has accused Boris Johnson of taking a 'hammer and sickle' to the nation's political culture over the issue of prorogation
Rishi Sunak has smothered the “Brexit bonfire” of EU laws – and hard-line Brexiteers are fuming with rage. But the prime minister smartly refused to be the face of this u-turn, putting business secretary Kemi Badenoch on the front stage herself.
Why the law says “Yes” even if others disagree. What happens when the domestic legal system is inherently international?
A bonfire of EU laws on everything from data privacy to road standards will be forced through behind parliament’s back under new plans to seize “Brexit freedoms”, it is feared.
The UK food industry has asked the government to waive aspects of competition law to allow firms to co-ordinate and direct supplies with each other after a no-deal Brexit.
The Attorney General explains in parliament that though there is no obligation in EU law to honour the £39bn commitment, there is in international law.
The government has already scrapped 140 European environmental regulations since Britain left the EU, Thérèse Coffey has said.
The government believe it is possible to circumvent parliamentary legislation requiring them to delay Britain’s departure from the EU by invoking European law, City A.M. understands.
Faced with opposition from the House of Lords, the government backtracks on plans for the biggest ever change to our laws. So, what now? / Few things illustrate the absurdity and irresponsibility of Brexit better than the Retained EU Law (Revocation and Reform) Bill (REUL).
The government has suffered defeats in the House of Lords over plans to scrap certain EU laws by the end of the year. / Peers backed an amendment which would give Parliament greater scrutiny over which rules should be ditched.
The Retained EU Law Bill would see more than 4,000 EU laws automatically scrapped.
The business department has enlisted one of the UK’s biggest law firms to help get push through a bonfire of EU laws by the end of the year. / Ministers are handing £4 million to a top London law firm for help delivering on a promised “bonfire” of 4,000 EU-era laws.
Here is a FULL list of all the EU laws we were forced to adopt against our will since we joined the EU, all 72 of them, including such gems as listing Aspartine as a food ingredient and banning certain growth hormones linked to cancer.
Democracy is a fragile creation, and the Yale professor and historian of fascism Timothy Snyder should know. / His best selling book, ‘On Tyranny’, offers some practical and political advice for resisting authoritarianism. Professor Snyder had the American reader in mind when he wrote it. But can we learn anything from his work?
The UK could find itself off the hook over cases such as breaches of air pollution levels and a failure to act on peat bog burning, which campaigners say can exacerbate flooding.
Unchecked, unbalanced and channelling an unsavoury populism, a prime minister that I’ve helped to keep in check in the courts could soon be free to do whatever he pleases
Today’s papers bring another story that the UK might be planning to breach the Brexit withdrawal agreement – including the report that the new Attorney-General Suella Braverman is poised to attempt to justify this legally. So what happens if the UK (or the EU) breaches the withdrawal agreement is not a hypothetical issue.
This video gives a short yet comprehensive explanation of the regular yet complicated way new EU law is made (the Ordinary Legislative Procedure). It sheds a simplified light on the process as a whole, the main actors and some of the possible complications.
EU obligations: UK implementing legislation since 1993 / How much UK law implements EU obligations? This is virtually impossible to answer accurately, but approximate calculations can be made using law databases.
LOUD were the cheers of the pro-Brexit media and the Brexiteering public on social media when Lord Doherty pronounced yesterday morning that he was not prepared to grant an interim interdict that would have effectively suspended the Queen’s prorogation of parliament.
BREXIT has set Ireland "on the path" to simultaneous north/south referendums on unification, an international legal conference has been told.
The Retained EU Law Bill would scrap over 4,000 pieces of legislation. / Rishi Sunak has started to retreat from plans to push forward the potentially disastrous Retained EU Law bill, one report has claimed.
BRITAIN can rest easy. The country’s bananas are safe and will not be subject to “malformation or abnormal curvature” following the UK Government’s decision to abandon throwing 4,000 pieces of EU law onto the Brexit bonfire by the year’s end.
Unfortunately, both points raised by Jacob in this clip are incorrect. Firstly there isn’t a 10-year window under WTO rules that allow us to retain on our current trading arrangement with the EU.
This is absolutely disgusting and should set of alarm bells in the mind of anyone who's studied the Weimar republic. / Government Minister James Cleverly refuses to rule out simply cancelling laws passed by our elected Parliament.
The moment a Brexit voter failed spectacularly to name even one EU law he's looking forward to losing once we leave the EU is at number eight in James O'Brien's Brexit chart.
Commons Speaker issues direct challenge to ministers threatening to ignore legislation.
Keir Starmer QC MP talks about the implications of Brexit With the Government’s triggering of Article 50 to begin the formal withdrawal from the European Union imminent, Keir Starmer, Shadow Secretary of State for Exiting the EU, joins us in April to discuss the legal implications of Brexit.
MPs who want to stop a no-deal Brexit will seek to bring forward legislation against it this week, shadow Brexit secretary Sir Keir Starmer has said.
A minister has been criticised for suggesting that "many people" believe judges are biased about Brexit.
Ministers are spending £4 million to hire a private law firm to help deliver on the promised “bonfire” of 4,000 EU-era laws.
Philip Pullman and Kate Mosse among writers warning that changes being considered could flood UK with cheap foreign editions and threaten livelihoods.
Legal expert David Allen Green explained to James O'Brien why the government lost their court case on prorogation - and the reason why it happened is very revealing.
Bill hands ‘breath-taking’ powers to ministers, warns Hansard Society. / Boris Johnson’s legal justification for tearing up his agreement with the EU on post-Brexit arrangements for Northern Ireland has been branded “hopeless” by the government’s former chief lawyer.
'Flaw' in legislation passed by MPs means opponents of no-deal will need to take 'counter measures' to ensure UK does not crash out of EU next month, barrister says.
Employers may need to act fast to ensure they do not fall foul of sudden legal changes triggered by a Brexit milestone, an employment law expert has warned.
The challenges posed by the COVID-19 virus will make the effective implementation of any new legislation impossible in the short term, says FTA, the business group representing the logistics sector.
The Conservatives are to review the 'constitutional plumbing' of the country to stop the courts being used for political ends.
UK law enforcement can no longer immediately access real-time data about persons and objects of interest, including wanted and missing persons.
Vote sets up post-Brexit budget clash with countries accused of damaging democratic values.
Hear from Michael Dougan, a Professor of European Law and Jean Monnet Chair in EU Law at the University of Liverpool. Michael speaks about Brexit, the legal and government implications of leaving the EU and what we can do about it. Recorded in July 2020.
MPs have a ‘last chance’ plan to stop no-deal but minister refused to say if government would follow new law if passed.
The business secretary has defended a government climbdown on its plan to get rid of EU-era laws copied over after Brexit.
There are more EU era environmental laws to review after Brexit than had been previously known, the environment secretary has suggested.
MPs suspect Downing Street has found a legal loophole to ensure Brexit on 31 October.
Pro-unionist politicians on Monday lost an appeal against a High Court judgment that the Northern Ireland protocol governing post-Brexit trade was consistent with British and European Union law.
Rory Stewart says more cabinet ministers could follow Amber Rudd in resigning.
House of Lords Speaker Lord Fowler confirmed a bill aimed at blocking a ‘no-deal’ Brexit on 31 October has become law after the Queen gave final approval to the legislation.
Pro-unionist politicians on Monday lost an appeal against a High Court judgment that the Northern Ireland protocol governing post-Brexit trade was consistent with British and European Union law.
Legal experts say bill is badly designed and ‘undemocratic’. / Opposition parties will next week try to delay government plans for a bonfire of nearly 4,000 EU laws and key workers’ rights from the UK’s statute books after Brexit.
Warning that legislation ‘would undermine rule of law and damage reputation of UK’ passes with thumping majority of 226.
Former business secretary Sir Vince Cable and nearly 60 economists have warned new policies have echoes of those that contributed to the 2008 crash.
The UK government is threatening to "undermine devolution", "impose its will on Wales" and "profoundly" limit the Senedd's powers after Brexit, it is claimed.
Post-Brexit cooperation between the UK and the EU on law enforcement and criminal justice is sub-optimal, according to the House of Lords Justice and Home Affairs Committee.
To safeguard potential reimbursement claims against foreign plaintiffs, the German law of civil procedure contains a provision according to which the defendant can request plaintiffs outside the European Economic Area to provide a cost security before they can sue in German courts.
EU law expert, Professor Michael Dougan gives his assessment of the impact of Brexit on migrant rights, following many audience requests.
Lord Carloway says No 10 knew prorogation would stymie debate about PM’s Brexit plans.
A rationalist has destroyed Leave claims that exiting the EU means “taking back control” by listing all the EU laws that have been forced on us against our will.
The “distinguished”* legal expert DAVID ALLEN GREEN joins us to explain the consequences of the Scottish Court of Sessions’ bombshell ruling in a little extra Remainiacs for one week only.
This situation has to come to prominence because of the daft notion of the current government that somehow all the laws of the United Kingdom are based on the law of the European Union can be identified and replaced at speed. / The entire exercise is ludicrous, as well as probably impossible.
In the House of Commons, MPs voted against amendments to delay the Retained EU Law Bill. This means that, as it stands, the Retained EU Law Bill will come into effect on December 31st, 2023, jeopardising the standards that keep us safe.
This opinion covers the impact assessment (IA) for the Retained EU Law (Revocation and Reform) Bill. ... The IA is not fit for purpose (red-rated); the quality of different analytical areas in the IA are all either weak or very weak, meaning that they provide inadequate support for decision-making. The IA was also red-rated on its assessment of the impacts on small and micro businesses.
"The Bar Council is deeply concerned about the REUL Bill which, in its present form, will damage the UK’s reputation for regulatory stability, predictability, and competence on which growth-promoting investment in critical sectors of our economy depends."
Business Secretary Kemi Badenoch said the Government will only be able to remove 800 of the retained laws before the end of 2023.
However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level.
Many flags, such as national flags and that of the United Nations, are exempt from requiring permission - but not the EU flag. / City Hall is unable to fly the EU flag outside its Newham HQ on the anniversary of Brexit, after a 2021 change to legislation means it could be prosecuted unless planning permission is granted.
Government accused of criminalising flying of Brussels flag. / Sadiq Khan’s City Hall office was told it could be prosecuted for flying the EU flag on the anniversary of the Brexit referendum as a goodwill gesture.
Schedule of retained EU Law that will be revoked or sunset by 31 December 2023.
In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.
Veteran Brexiteer Sir William Cash has accused the prime minister of only scrapping “trivial” EU laws after the government U-turned on its post-Brexit “bonfire” of regulations last week.
His [Boris Johnson's] speech delivered at a Europa warehouse in Dartford, Kent repeated several Leave campaign myths. InFacts looks at seven of them.
He said the Prime Minister could use a so-called "Order of Council" to avoid implementing the legislation until after 31 October.
Wednesday marks exactly five years on from the Brexit referendum and the country is still torn over our exit from the EU. A new poll finds that if the vote was re-run now the result would be a narrow win for Remain – by 51% to 49%.
The Retained EU Law Bill would rock legal certainty in the UK and undermine the country’s status as an internationally competitive business environment, the Law Society said today as the bill enters its final stage in the House of Commons.
Spain is poised to approve a new law containing contingency plans in the event that Britain crashes out of the European Union on March 29th without ratifying the Withdrawal Agreement.
The speaker of the House of Commons Sir Lindsey Hoyle lost his temper with Kemi Badenoch when the secretary of state failed to inform the house of the government's U-turn on repealing retained EU laws.
This is a classic example of a big, bold campaigning promise colliding with reality.
EU Law expert Professor Michael Dougan considers the government's ideas for ensuring continuity and certainty in the legal system during the process of leaving the EU.
Electoral law, the legal system and parliament itself will all be reformed to the Conservatives’ advantage.
Since the end of the Second World War, we have moved from an international system in which war was legal, and accepted as the ultimate arbiter of disputes between nations, to one in which it was not.
At the beginning of 2021 the law changed concerning how international couples divorce.
Section 55 of the Taxation (Cross-border Trade) Act 2018 states that: "It shall be unlawful for Her Majesty’s Government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain."
The UK after Brexit is the result of a cooperation between a group of leading academics from top institutions in the UK and beyond.
The editor's introduction, by Prof. Michael Dougan, to the book 'The UK After Brexit: Legal and Policy Challenges'.
The Institute for Government warns that crucial laws needed for post-Brexit will not be in place. MPs must summon courage.
London has been working on several laws and initiatives with potentially profound implications for its data protection regime.
The government is seeking to disentangle domestic law from EU law – handing more power to unaccountable ministers.
A large number of our readers have asked us to factcheck a list of claims about the Lisbon Treaty, or “what will actually happen if we stay in the EU”, which has gone viral on social media.
Kwasi Kwarteng’s comments branded 'a revelation' that make it essential MPs block a pre-Christmas election. / Tony Blair is urging MPs to pass a fresh law to prevent a no-deal Brexit, after a government minister admitted the option will “always” be on the table.
The U.K.’s most senior Anglican bishops have warned that legislation breaching part of the Brexit divorce agreement the government signed with the European Union will set a “disastrous precedent” and could undermine peace in Northern Ireland.
Furious Conservative MPs have threatened to oust Rishi Sunak as PM following his “betrayal” over plans to scrap thousands of pieces of EU legislation.
Creating ‘Euromyths’ has become something of a cottage industry in the UK and the EU more broadly speaking. In fact, it’s so common that the European Commission has its own page dedicated to debunking these Euromyths indexing some 650 myths as of June 2016.
We have reached a watershed moment in the long Brexit saga. The government’s U-turn this week on the Great Repeal Bill has laid bare the great elephant-sized conundrum that has always been at the heart of Brexit: identifying any significant EU laws that were both holding Britain back and can be ditched without damaging our own economy.
Bill set to include retroactive powers to scrutinize takeovers / Institute of Directors fears ‘chilling effect’ on investment
The UK has ditched plans for a Brexit "bonfire" of retained EU law, with Rishi Sunak being accused of breaking his promises by a former Cabinet minister.
According to Article 20 of the Treaty of Lisbon, EU citizenship is additional and separate to national citizenship. Presently, there are no provisions for removing this citizenship and its associated rights from individuals, regardless of whether their nation leaves the EU.
A new, wide-reaching, report on competition in the UK has said that the government should introduce sweeping reforms in order to boost the economy and protect consumers post-Brexit.
Following the end of the Brexit transition period UK businesses are now having to pay ‘security bonds’ of £50,000 or more to courts in the European Union in order to litigate there, legal experts told City A.M. today.
The UK government is yet to respond to a request by the food industry to waive parts of competition law so that companies can cooperate after a no-deal Brexit to mitigate food shortages.
Fury among Eurosceptics over news that large sections of Brussels legislation will stay on statute books.
Activist calls for UK to clarify changes to law, says it creates ‘two tiers of Irish citizens’. / The UK government is under pressure to clarify immigration rules that human rights activists say undermine the rights of Northern Ireland-born Irish citizens under the Belfast Agreement.
Brexit is no reason to radically alter British financial regulation and regulators should not be forced to water down rules to boost London’s competitiveness, or stray from global standards, a UK parliamentary committee report said on Thursday.
The government has set out a plan to overhaul EU laws copied over after Brexit - a move it says will cut unnecessary "red tape" for businesses.
The Taoiseach was responding to comments earlier in the week from NI Secretary Chris Heaton-Harris. / Irish premier Leo Varadkar has said the UK would be required to engage with the European Union to resolve any issues about proposed new EU laws being introduced in Northern Ireland.
The UK government is set to break its promise to scrap all inherited EU laws by the end of 2023.
The process of ‘sunsetting’ laws envisioned under the Retained EU Law (Revocation and Reform) Bill – introduced into the UK Parliament in autumn 2022 – has led to fears of significant legal uncertainty.
On 4 October, we hosted a webinar to answer this very question, offering a high-level overview of the procedure for UK trade mark applications, registry disputes and infringement actions.
Here’s everything you need to know about the legal framework for the PM’s proposed Brexit deal.
Boris Johnson's suspension of Parliament means 12 high-profile government bills have been lost, including a law protecting victims of domestic abuse and key pieces of post-Brexit legislation.
More uncertainty lies ahead for employers and employees ahead of a crucial Brexit deadline, writes KAREN HARVIE.
Covid lockdowns have delayed the full impact of Brexit on the legal sector, the Law Society has warned, as international travel tentatively begins to open up. / ‘The people who are going to lose out are the younger generation, the people who are not based in the country but who would like to work there, who would like to have a European practice.’
The government's Brexit legislation is not being properly scrutinised because MPs are failing to turn up to parliamentary sessions about it, it has been claimed.

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