scholarly journals Wightman et al. v. Secretary of State for Exiting the European Union

2019 ◽  
Vol 113 (4) ◽  
pp. 799-805
Author(s):  
Danae Azaria

The CJEU held that the United Kingdom of Great Britain and Northern Ireland (UK) is allowed to unilaterally revoke the notification of its intention to withdraw from the European Union (EU) as long as the revocation is submitted in writing to the European Council before the UK's withdrawal takes effect, and as long as the revocation is “unequivocal and unconditional, that is to say that the purpose of that revocation is to confirm the EU membership of the member state concerned under terms that are unchanged as regards its status as a member state, and that revocation brings the withdrawal procedure to an end” (para. 74).

2021 ◽  
Vol 59 (4) ◽  
pp. 540-563
Author(s):  
Jovan Vujičić

In this paper the author analyses the new relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland. Given the scope and complexity of the Trade and Cooperation Agreement, the intention was not to explain in detail all its aspects, but only the basic and most important provisions. First of all, those of the free trade agreement, but also in the areas where ties are being renewed, which would otherwise be interrupted by the withdrawal of the United Kingdom. Although it does not reflect the benefits of EU membership, the agreement certainly limits the negative consequences compared to the situation without it and provides much needed predictability and certainty, allowing Europe to leave Brexit behind and move on.


2020 ◽  
Vol 556 (7) ◽  
pp. 12-17
Author(s):  
Paweł Kaleta

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit) has definitely been bringing various consequences in the field of social security. It is therefore worthwhile to analyse it from the point of view of the social rights of Poles residing in the United Kingdom (as well as, in a comparative and auxiliary manner, of the British residing in Poland), following the formal conclusion of the withdrawal. The article therefore synthetically presents this current, post-Brexit situation, taking into account the ongoing transition period as well as the perspective of negotiations on the possible agreement(s) on future EU-UK relations. Notably, the rights in question have been preserved in the transition period, but their status afterwards remains open.


2017 ◽  
Vol 9 (3) ◽  
pp. 436-465 ◽  
Author(s):  
Tore Vincents Olsen ◽  
Christian F. Rostbøll

The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be undemocratic. We argue that it is the effect of withdrawal on the status of citizens as free and equal that is decisive and that explains why unilateral withdrawal of subunits from larger units is democratically illegitimate. Moreover, on the ‘all-affected status principle’ that we develop, even multilaterally agreed withdrawal is undemocratic because the latter diminishes the future ability of citizens to make decisions together regarding issues that affect their status as free and equal. On this basis, we conclude that it is undemocratic for a member state such as the United Kingdom to withdraw from the EU.


Moldoscopie ◽  
2021 ◽  
pp. 34-42
Author(s):  
Svetlana Cebotari ◽  
◽  
Carolina Budurina-Goreacii ◽  

The exit of Great Britain from the European Union, “Brexit”, respectively “British exit”, has become one of the most important processes that trouble and concern the European world and not only. The impact of Brexit on British-European relations is considerable. Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Community. were argued by a series of arguments that can be grouped according to three major considerations: economic, political and security. Analyzing Brexit, it can be seen that the separation of the United Kingdom from the European Union is a phenomenon that can only bring disadvantages to both parties, as well as European security. Regarding the security of the two entities, Brexit is considered as a risk, but also an opportunity for Great Britain, as well as for the states of the European Union. This article aims to highlight the main consequences of Brexit on British-European relations, including the British Overseas Territories.


Author(s):  
Sylwia Majkowska-Szulc

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.


2018 ◽  
Vol 5 (3-4) ◽  
pp. 9-15
Author(s):  
Serhii Rudko

The article highlights one of the main issues related to the UK's withdrawal from the European Union, Northern Ireland’s new status, in particular, the status of the border between NI and the Republic of Ireland. It has been an ‘apple of discord’ from the first stage and during the last stage of the Brexit negotiations. The future ‘hard’ or ‘soft’ Irish-British border is not a problem in the negotiations between the United Kingdom and the European Union only, but is also a serious domestic political challenge for Theresa May’s government. The article explains possible models of the future status of Northern Ireland. The most probable solutions are: a ‘reverse Greenland’, a ‘reverse Cyprus’ and a ‘German version’. Following the Good Friday Agreement of 1998, the EU invested heavily in supporting border communities for the development of small business and industry, which improved the economic situation in the area of the former conflict and facilitated border dialogue. However, it led to the fact that many enterprises were oriented towards the EU market or border trade. The article concludes that the ‘reverse Greenland’ model would enable Northern Ireland to remain in the single market and customs union apart from the rest of Great Britain, which would prevent the establishment of a tight boundary between both Irelands. The author outlined the possible implications of the ‘reverse Cyprus’ model, which suggests that the United Kingdom would technically remain a part of the EU, and that the EU’s legislation would be suspended only on its separate parts (that is, Wales and England). The researcher emphasizes that the ‘German version’ could be applied in the case of future reunification of both Irelands, then Northern Ireland would remain a part of the EU until its new status on the referendum have been resolved. The article summarized that no examples above provide a precise analogy, since Brexit is unprecedented event. The most likely models of the Northern Ireland’s future are the ‘reverse Greenland’ and the ‘reverse Cyprus’


Author(s):  
Lucy Atkinson ◽  
Andrew Blick ◽  
Matt Qvortrup

This book was conceived of and written during a protracted episode of political turmoil. The period of disruption in question was triggered by the use of a democratic device; one which asks members of the public to choose between options with respect to a given decision. It is known as a referendum. This particular popular vote was held on 23 June 2016 across Great Britain, Northern Ireland, and Gibraltar. The ballot paper read: ‘[s]hould the United Kingdom remain a member of the European Union or leave the European Union?’ Of those who could have voted (rounded to two decimal places), 72.15 per cent took part and cast valid votes (that is, 33,551,983 of a total of 46,501,241), a higher proportion than at any General Election since 1992 (77.71)....


2018 ◽  
Author(s):  
Grzegorz Libor

To understand the Welsh in their political decisionsBrexit is one of the most important events that dominated the media discourse in 2017. The decision of the residents of the United Kingdom to leave the EU structures will certainly have not only serious economic consequences, but also political, social and cultural ones, both for the United Kingdom itself and for residents of countries that will stay in the European Union.While analysing the results of the referendum, which took place on 23rdJune 2016, it can be seen that the majority of voters in England and Wales voted in favour of leaving the European Union, while those in Scotland and Northern Ireland supported the United Kingdom remaining in the EU structures.The aim of the article is to explain why the majority of voters in Wales were in favour of the United Kingdom exit from the European Union and to indicate potential benefits or losses resulting from the decision taken. Zrozumieć Walijczyków w ich politycznych decyzjachBrexit jest jednym z tych wydarzeń, które zdominowały dyskurs medialny w 2017 roku. Decyzja mieszkańców Zjednoczonego Królestwa o opuszczeniu struktur unijnych będzie miała z pewnością poważne konsekwencje nie tylko ekonomiczne, o których mówi się najwięcej, ale również polityczne, społeczne i kulturowe, zarówno dla samego Zjednoczonego Królestwa, jak i mieszkańców państw, które pozostaną członkami Unii Europejskiej.Analizując wyniki referendum, do którego doszło 23 czerwca 2016 roku, dostrzec można, że za wyjściem z Unii Europejskiej opowiedziała się większość głosujących w Anglii i Walii, podczas gdy wyborcy w Szkocji oraz Irlandii Północnej optowali za pozostaniem Zjednoczonego Królestwa w strukturach unijnych.Celem artykułu jest próba wyjaśnienia, dlaczego większość głosujących na terenie Walii opowiedziała się za wyjściem Zjednoczonego Królestwa z Unii Europejskiej oraz wskazanie potencjalnych korzyści lub też strat wynikających z podjętej decyzji.


2021 ◽  
Vol 30 (3) ◽  
pp. 3-26
Author(s):  
Antonín Novotný ◽  
František Racek

The article deals with some military consequences of the departure of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit). To assess the potential impacts on defence and security of EU, a structured approach involving several methods was used in the analysis, which combines a search of professional publications, factors sensitivity analysis and testing of hypotheses. Based on the analysis, it was evaluated that the departure of the United Kingdom of Great Britain and Northern Ireland from the structures of the European Union will take place without significant impact in the military field and does not pose an immediate threat to the security and defence of EU member states. Nevertheless, in connection with Brexit, there is still a certain risk of negative impacts in this area.


2020 ◽  
pp. 113-130
Author(s):  
Filip Ilkowski

The article presents the analysis of activities of politicians associated with the Labour Party undertaken in favour of leaving the European Union by the United Kingdom of Great Britain and Northern Ireland in the context of the June 2016 referendum campaign. There are presented the historical roots of the critique of European Communities drawn from this ideological-political perspective (the opposition towards the European Economic Community in 1975 referendum), but above all the argumentation used more than four decades later by the opponents of staying in the EU. On the basis of conducted analysis, the specific elements of the main ideological poles that shape left-wing critique of the EU with regard to the British example have been distinguished.


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