Rivalry on the right: The Conservatives, the UK Independence Party (UKIP) and the EU issue

This chapter discusses EU banking law, which has significantly influenced banking regulation in the UK. It covers the background to the EU Directives in the field of banking law; deposit-taking prohibition; the authorization process; the relevance of the freedoms created by the EU Treaties; the right to establish a branch in other Member States; the right to provide services in other Member States; the provision of banking services from within an institution's home State; the free movement of capital and banking services; and a Commission Interpretative Communication on territoriality questions arising in the field of EU banking law.

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The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000002822 ◽

2007 ◽

Vol 9 ◽

pp. 261-286

Author(s):

Tamara K Hervey

Keyword(s):

Health Care ◽

European Union ◽

Legal Framework ◽

Eu Law ◽

Seek Health Care ◽

Number Of Patients ◽

The Uk ◽

The Right ◽

To Receive ◽

The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

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Brexit and its Implications for European Integration

European Review ◽

10.1017/s1062798717000308 ◽

2017 ◽

Vol 25 (4) ◽

pp. 519-531 ◽

Cited By ~ 2

Author(s):

Chih-Mei Luo

Keyword(s):

European Integration ◽

Euro Crisis ◽

60Th Anniversary ◽

Eu Governance ◽

Eu Policies ◽

Treaty Of Rome ◽

The Uk ◽

The Right ◽

The Eu ◽

Social Europe

On the eve of 60th anniversary of the Treaty of Rome, the UK voted to withdraw from the EU (so-called Brexit). The implications for European integration and EU policies are far from clear and require further investigation. This paper aims to answer: what does Brexit imply for European integration? What messages were sent to the EU from the UK referendum? Did EU leaders interpret these messages and implications correctly and did they respond with the right policy? After examining the competing interpretations, this paper argues that the sharp divisions between different socio-economic classes shown in voting behaviour highlight the imperative of addressing economic inequality and distributive injustice, which are rooted in the structural flaws of EU governance and have been aggravated by the mismanagement of the Euro crisis. To move European integration forward and to keep a ‘political Europe’ sustainable, a ‘social Europe’ making an ‘economic Europe’ more inclusive and fair is required.

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The British paid labour market1

EU Migrant Workers, Brexit and Precarity ◽

10.1332/policypress/9781447351627.003.0003 ◽

2019 ◽

pp. 45-62

Author(s):

Eva A. Duda-Mikulin

Keyword(s):

Labour Force ◽

Qualitative Interviews ◽

Real Life ◽

Foreign Born ◽

Women Migrants ◽

Economic Migration ◽

Customer Services ◽

The Uk ◽

The Right ◽

The Eu

Chapter three explores the British paid labour market and more specifically economic migration to the UK and its impact with the message that migrants contribute through taxation and alleviating labour and skills shortages. I discuss existing statistical data on UK’s labour force and its characteristics. This quantitative data is complemented with rich qualitative accounts from recent Polish women migrants to the UK. Different sectors of the economy are explored, in particular agriculture, hospitality, customer services and healthcare. These are said to be most reliant on workforce from the EU. Data on population characteristics is analysed taking into account the fact that it is ageing rapidly as is the rest of Europe. This increases the need for foreign-born labour to take on jobs unpopular with British workers, particularly when the EU labour force is younger and fitter in comparison to UK-born workers. This also suggests that after Brexit the UK is likely to experience issues with staff recruitment and labour shortages in certain areas of the economy. The chapter is supported by extracts from qualitative interviews with women migrants from Poland with the aim to bring in real-life stories from those who took advantage of the right to free movement.

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A Human Rights Analysis of the Viking and Laval Judgments

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000001439 ◽

2008 ◽

Vol 10 ◽

pp. 541-561 ◽

Cited By ~ 6

Author(s):

Tonia Novitz

Keyword(s):

Collective Action ◽

Trade Unions ◽

Trade Union Movement ◽

Union Movement ◽

European Court ◽

Domestic Labour ◽

Labour Legislation ◽

The Uk ◽

The Right ◽

The Eu

In 2007, Brian Bercusson observed that: [T]he future of the trade union movement, but also of the EU, may depend on whether on judgment day the European Court of Justice decides that the EU legal order upholds the right of trade unions to take transnational collective action.Previously, deference to domestic labour legislation did not translate into judicial recognition of a right to collective bargaining or a strike. There was only speculation that this should be the case, accompanied by significant opposition from the UK to such a prospect. Judgment day has since come and we have been told that ‘[t]he right to take collective action, including the right to strike, must … be recognised as a fundamental right which forms an integral part of the general principles of Community law’. Indeed, it also seems that such a right extends at least in theory to secondary and transnational action.

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One Foot In and One Foot Out, 1990–1997

Reluctant European ◽

10.1093/oso/9780198840671.003.0009 ◽

2020 ◽

pp. 201-226

Author(s):

Stephen Wall

Keyword(s):

Exchange Rate ◽

Conservative Party ◽

Maastricht Treaty ◽

German Reunification ◽

Exchange Rate Mechanism ◽

Opt Out ◽

The Uk ◽

The Right ◽

Rate Mechanism ◽

The Eu

John Major had none of Thatcher’s reservations about German reunification and wanted to put Britain at the heart of Europe. But he faced growing Euroscepticism inside the Conservative Party. At Maastricht, Major secured for the UK the right to opt out or, later to opt in, to the proposed European single currency. The significance of this opt out for the longer term British sense of detachment from the rest of the EU was not then obvious. The ratification of the Maastricht Treaty in the UK, and the Major government, both nearly foundered, when the UK was forced out of the Exchange Rate Mechanism in 1991. Europe became a toxic issue in the Conservative Party. Mad Cow Disease triggered a policy of non-cooperation by the UK with the rest of the EU. Major championed the enlargement of the EU to include the newly freed countries of eastern and central Europe.

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Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit

10.31219/osf.io/wsn4m ◽

2021 ◽

Author(s):

Fettes Lee

Keyword(s):

Slippery Slope ◽

The Real ◽

Legislative Proposals ◽

Political Compromise ◽

Data Portability ◽

The Uk ◽

The Right ◽

The Eu ◽

Comparative Observation

The right to data portability is facing a new lease of life not long after the GDPR takes effect. post Brexit, the EU and the UK have respectively released blueprints for making this right truly work for data subjects. This means that the undue constraints imposed on this right as a result of political compromise will be lifted, albeit not by revising GDPR provisions. This chapter seeks to map, evaluate and compare the revamping endeavours at both EU and UK levels. By navigating through a plethora of legislative proposals, policies and reviews, it shows that the two jurisdictions are embracing contrasting approaches and thus facing rather distinct challenges. The instruments used, purposes pursued, and how exactly the right is revamped differ greatly, thus calling for a comparative observation. It is argued that the EU could only vitalise the right after turning away from its conceptual maze and attending to the real needs of consumers. The UK should be commended for its stress on consumer needs and agency building but, as a double-edged sword, this approach also prompts a slippery slope towards lowered protection, which should be treated with caution.

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Territorial Differentiation in EU Law: Can Scotland and Northern Ireland Remain in the EU and/or the Single Market?

Cambridge yearbook of European legal studies ◽

10.1017/cel.2017.11 ◽

2017 ◽

Vol 19 ◽

pp. 287-310 ◽

Cited By ~ 5

Author(s):

Nikos SKOUTARIS

Keyword(s):

Northern Ireland ◽

Single Market ◽

Eu Law ◽

Legal Basis ◽

Eu Accession ◽

Territorial Differentiation ◽

Scottish Independence ◽

The Uk ◽

The Right ◽

The Eu

AbstractIn the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out against their will. This paper explores two pathways for Scotland and Northern Ireland to remain in the EU and/or the single market. The first entails the achievement of Scottish independence and the reunification of Ireland through democratic referendums. To this effect, the paper reviews the right of secession of those two constituent nations under UK constitutional law. It revisits the debate on the appropriate legal basis regulating Scotland’s future EU accession and discusses the Irish reunification from an EU law perspective. The second pathway explores how it would be possible for Scotland and Northern Ireland to remain in the EU and/or the single market even without seceding from the UK. In order to do that, the paper points to the remarkable flexibility of the EU legal order as evidenced in numerous cases of differentiated application of Union law. The paper shows that the EU possesses the necessary legal instruments to accommodate the divergent aspirations of the UK constituent nations.

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The right to withdraw the notification to leave the European Union under article 50 TEU: can we still save the marriage?

Unio - EU Law Journal ◽

10.21814/unio.3.2.11 ◽

2019 ◽

Vol 3 (2) ◽

pp. 139-147

Author(s):

Mariana Alvim

Keyword(s):

European Union ◽

Member State ◽

Intention To Leave ◽

Eu Law ◽

The European Union ◽

Central Question ◽

Article 50 ◽

The Uk ◽

The Right ◽

The Eu

Article 50 TEU has caused considerable interest following its introduction in EU law, but mostly since the UK voted in favour of leaving the Union, a vote that provoked its first ever activation. However, this Article raises a few unanswered questions, such as if a Member State that formally notifies to the European Council of its intention to leave the EU, can it subsequently change its mind about this decision during the two-year period established in the Treaty. In the first part of the article, I intend to put the notification to leave the European Union under Article 50 of the TEU in perspective, elucidating the steps that have to be taken, and to address the silent aspects of Article 50. In the second Part, I will assess if a Member State that triggers Article 50 TEU, can still withdraw the notification to leave, once Article 50 TEU is completely soundless in this respect, and in doing so answer the central question of this article: “Can we still save the marriage?”

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Economic challenges and success in the post-COVID era: A CAGE Policy Report

10.31273/978-1-911675-01-3 ◽

2021 ◽

Author(s):

Nicholas Crafts ◽

Emma Duchini ◽

Roland Rathelot ◽

Giulia Vattuone ◽

David Chambers ◽

...

Keyword(s):

The European Union ◽

Alternative Approach ◽

Widespread Agreement ◽

Epochal Change ◽

Major Reform ◽

New Perspective ◽

The Uk ◽

The Right ◽

The Eu

In 2008 there was an expectation of major reform to social and economic structures following the financial crisis. The European Union (EU) referendum of 2016, and the UK’s subsequent exit from the EU in 2020, was also signalled as a turning point that would bring about epochal change. Now, in the waning of the coronavirus pandemic, we are experiencing a similar rhetoric. There is widespread agreement that the pandemic will usher in big changes for the economy and society, with the potential for major policy reform. But what will be the long-term impacts of the pandemic on the UK economy? Is the right response a “new settlement” or is some alternative approach likely to be more beneficial? This report puts forward a new perspective on the pandemic-related changes that could be ahead. The central theme is assessing the viability of epochal reform in policymaking. There seems to be a relentless desire for making big changes; however, there is arguably not enough recognition of how current settings and history can hold back these efforts. Foreword by: Dame Frances Cairncross, CBE, FRSE.

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