22. Joining, Leaving, Transitioning: The UK’s Relationship With the European Union

Public Law ◽  
2019 ◽  
pp. 794-835
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Transition Period ◽  
The European Union ◽  
Northern Irish ◽  
European Court ◽  
Stage Process ◽  
Irish Case ◽  
The 1960S ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter discusses the constitutionalization of EU law, which was led by the European Court of Justice from the 1960s using the twin principles of direct effect and supremacy. These principles were fully developed by the time the UK joined the European Community in 1973. The chapter will examine the UK’s accession process with particular reference to the European Communities Act 1972 before turning to the complex three-stage process of withdrawing from the EU. In that context, the 2016 referendum, Article 50 TEU, and the UK Supreme Court’s hearing of the English case of Miller and the Northern Irish case of McCord and Agnew, will be considered. In addition, the chapter will focus on the constitutional status of the Withdrawal Agreement, the transition period, and the constitutional importance of Northern Ireland for the current and future relationship between the UK and the EU.

2. The EU institutions

2020 ◽  
pp. 33-60
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Member State ◽  
European Central Bank ◽  
Transition Period ◽  
The European Union ◽  
European Central ◽  
Article 50 ◽  
The Uk ◽  
Council Of Ministers ◽  
The Eu

This chapter discusses the different institutions that make up the ‘EU government’. It begins by explaining the Article 50 TEU (Treaty of European Union) process, which sets out how a Member State can leave the EU. The chapter then describes the European Council, the European Commission, the Council of Ministers, the European Parliament, and the Court of Justice of the European Union (CJEU). The two other EU institutions set out in Article 13 TEU include the European Central Bank and the Ombudsman. The chapter then considers how the roles of the EU institutions in the UK will change over the next few years following Brexit. It studies the Withdrawal Agreement and assesses what happens after the so-called transition period.

Implications of Brexit for Skilled Migration from India to the UK

2021 ◽  
pp. 001573252110122
Author(s):  
Rupa Chanda ◽  
Neha Vinod Betai
Keyword(s):  
Transition Period ◽  
The European Union ◽  
Jel Codes ◽  
Decision To Leave ◽  
East European ◽  
The United Kingdom ◽  
Take Back ◽  
The Uk ◽  
European Economies ◽  
The Eu

In June 2016, the United Kingdom took the world by surprise with the results of its referendum on whether to remain in the European Union (EU). With a 52% majority, the country decided to leave the bloc in which it had been a member since 1973. With this outcome began the long process of Brexit negotiations between UK and the EU. The UK officially ceased to be an EU member on 31 January 2020, with a transition period up to the end of 2020. The decision to leave the EU came on the back of rising bitterness among people. Membership in the EU was seen as expensive and not beneficial to the country. One of the major campaigning points of the leave camp was the issue of immigration. Given that free movement of people is an important part of being in the EU, the party argued that leaving the EU would help the country take back control of its borders. Immigration in the UK has been on the rise since the early 2000s. It shot up further with the accession of the eight East European economies into the EU. Figure 1 shows how, leading up to Brexit, immigration from the EU to the UK was constantly increasing. JEL Codes: F00, F30, F22, F23

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Parliament ◽  
The European Union ◽  
The United Kingdom ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

On the post-Brexit prospects for social policy in the UK

2017 ◽  
Author(s):  
Robert Pinker
Keyword(s):  
Social Policy ◽  
Intention To Leave ◽  
The European Union ◽  
Care Services ◽  
Health And Social Care ◽  
Legal Challenges ◽  
Keynote Speech ◽  
Article 50 ◽  
The Uk ◽  
The Eu

In this afterthought, Robert Pinker reflects on the prospects for social policy in the UK after Brexit. On 23 June 2016. the UK electorate voted to leave the European Union. The process of exiting the EU would commence right after the UK Government declared its intention to leave by triggering Article 50 of the Lisbon Treaty. Pinker discusses the debate in the UK regarding the kind of Brexit favoured by those who wanted to leave the EU — a ‘hard’ or a ‘soft’ one. He also considers the legal challenges to a fast-track Brexit, along with the Prime Minister's Lord Mayor's keynote speech promising to adopt a new approach to managing the forces of globalisation and the Chancellor's Autumn Statement on 23 November 2017. Finally, he looks at the funding crisis in UK health and social care services, the government's 12-point Brexit Plan, and the Supreme Court's rulings on Article 50.

Part I Regulatory Structure, 3 European Financial Services

2018 ◽  
Author(s):  
Walker George ◽  
Purves Robert ◽  
Blair Michael
Keyword(s):  
Financial Services ◽  
Primary Sources ◽  
Banking Union ◽  
The European Union ◽  
Regulatory Structure ◽  
European Court ◽  
Treaty Of Rome ◽  
The Uk ◽  
Council Of Ministers ◽  
The Eu

This chapter examines the evolution of the European Union' financial services law and its impact on the development of financial services law in the UK, as it stands at the end of 2016, six months after the EU referendum. It first describes the evolving role and functions of the EU institutions, namely: the Council of Ministers, the European Commission, the European Court of Justice, and the European Parliament. It then considers the primary sources of EU law, including treaties, and the effects of the various changes in the Treaty of Rome. It also discusses the establishment of the single market in financial services and the moves to establish a banking union. Finally, it analyses the substantive financial services measures that have been adopted in the EU since the 1970s.

scholarly journals Trade and Cooperation Agreement Between the EU and the UK: Conditionality Versus Sovereignty

2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  
Keyword(s):  
European Union ◽  
Transition Period ◽  
Trade Agreement ◽  
Economic Losses ◽  
Customs Union ◽  
The European Union ◽  
Cooperation Agreement ◽  
British Case ◽  
The Uk ◽  
The Eu

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.

Brexit Dilemma for the UK and the European Union

2020 ◽  
pp. 157-187
Author(s):  
Naib Alakbarov ◽  
Utku Utkulu
Keyword(s):  
Negotiation Process ◽  
The Other ◽  
The European Union ◽  
Negative Effects ◽  
British Prime Minister ◽  
Article 50 ◽  
The Uk ◽  
The Postponement ◽  
Theresa May ◽  
The Eu

On June 23, 2016, a referendum took place in the UK with 51.89% of voters voting in favor of the UK's exit from the EU. On March 29, 2017, British Prime Minister Theresa May formally notified the European Council of the intention of the UK to leave the EU in accordance with Article 50 of the EU Treaty. With this declaration of withdrawal, a period of two years contractually stipulated under Article 50 of the EU Treaty for the UK and the other EU-27 states has begun to negotiate an agreement on the details of withdrawal. But it was clear the negotiation process would be difficult because it is expected the UK leaving the EU will have negative effects on both. The postponement of the period of Brexit, which should have been officially realized on March 29, 2019, indicates that both parties want to avoid the unintentional Brexit. This chapter details the Brexit process. The possible effects of Brexit on both sides are investigated and different expectations of the parties from the Brexit process are explained.

Citizens’ Rights

2020 ◽  
pp. 107-130
Author(s):  
Catherine Barnard ◽  
Emilija Leinarte
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
The European Union ◽  
Court Of Justice ◽  
Scope Of Application ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter addresses the provisions of the Withdrawal Agreement dealing with the protection of citizens’ rights. It explains the scope of application and the content of the rights afforded to EU citizens in the UK and UK citizens in the EU after Brexit. The chapter also looks at the enforcement of citizens’ rights, both in the EU and the UK. While the rights of EU citizens already in the UK, and rights of UK citizens in the EU, are fairly generously protected under the WA, the mechanism for enforcement of such rights raises questions of effectiveness. Moreover, the special jurisdiction of the Court of Justice of the European Union (CJEU) concerning Part Two of the Withdrawal Agreement, while a logical outcome from the perspective of EU constitutional law, will disappoint those who supported the UK government’s insistence that ending the jurisdiction of the CJEU was one of the UK’s red lines during the Article 50 TEU negotiations.

Brexit: a challenge for the UK constitution, of the UK constitution?

2016 ◽  
Vol 12 (03) ◽  
pp. 409-444 ◽  
Author(s):  
Michael Gordon
Keyword(s):  
European Union ◽  
United Kingdom ◽  
General Election ◽  
The European Union ◽  
The United Kingdom ◽  
National Response ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and architecture – Brexit as an unprecedented event and the centrality of politics – constitutional factors contributing to the outcome of the referendum – concerns about sovereignty and the (im)possibility of a national response – potential implications of the referendum for the UK and for the EU

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