28. Brexit

2020 ◽  
pp. 685-690
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
Dispute Settlement ◽  
Transition Period ◽  
Trade Agreement ◽  
Legal Issues ◽  
Legal Requirements ◽  
Security Issues ◽  
Goods And Services ◽  
Article 50 ◽  
The Uk ◽  
Voting Franchise

This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave);, the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’); as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).

Disintegration through Law

2021 ◽  
pp. 123-172
Author(s):  
Kieran Bradley
Keyword(s):  
European Integration ◽  
Dispute Settlement ◽  
Transition Period ◽  
The Stability ◽  
Article 50 ◽  
The Uk ◽  
The Right ◽  
Dispute Settlement Procedure ◽  
Right Of Withdrawal ◽  
Proper Account

The existence of an unconditional right of withdrawal is antithetical to the idea of European integration, which is predicated on an ‘ever closer union’, and the expectation that Union rights become part of the ‘legal heritage’ of individuals. Article 50 TEU fails to take proper account of the Union’s interests, or those of Member States, individuals, and companies, and undermines the stability of treaties which international law seeks to preserve. Article 50 should be amended at the first opportunity. Leaving the jurisdiction of the Court of Justice was identified by the UK government as one of its Brexit objectives. The Court was nonetheless called upon to clarify a number of matters Article 50 left open, notably the right to revoke a withdrawal notification. While the 2020 Withdrawal Agreement preserves the Court’s material jurisdiction to interpret provisions of Union law incorporated into the Agreement, including in the context of dispute settlement procedure, individual access to the Court will be limited after the transition period.

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 and Canada: Stopgap Solutions for the EU–Canada Comprehensive Economic and Trade Agreement (CETA) or a New Beginning?

2021 ◽  
Vol 58 (2) ◽  
pp. 248-264
Author(s):  
Nanette Neuwahl
Keyword(s):  
Transition Period ◽  
Trade Agreement ◽  
Cooperation Agreement ◽  
New Beginning ◽  
The Uk ◽  
The Eu

This article investigates how Canada’s trade with the EU-27 and the UK might be affected by Brexit. As the transition period foreseen in the 2019 UK Withdrawal Agreement has ended, the EU and the UK are no longer one customs area. The EU–Canada Comprehensive Economic and Trade Agreement (CETA), like other EU agreements, has ceased to apply to the UK. Henceforth, the policies and legislation of the UK and the EU-27 will invariably diverge. Taking into account both the EU–UK Trade and Cooperation Agreement as well as the Canada UK Trade Continuity Agreement concluded in late-2020, the article shows that the agreements reached, while providing immediate stopgaps for some of the fallout of Brexit, also represent potential for a new departure.

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.

The Negotiations on the Future Trade Relations

2020 ◽  
pp. 211-232
Author(s):  
Paola Mariani ◽  
Giorgio Sacerdoti
Keyword(s):  
Northern Ireland ◽  
Free Trade ◽  
Transition Period ◽  
Trade Agreement ◽  
Good Faith ◽  
Trade Relations ◽  
The World ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter examines the negotiations on the future relations between the UK and the EU. The UK left the EU on the basis of a Withdrawal Agreement, which includes an obligation to negotiate in good faith the future relationship between the parties. The framework for future cooperation is outlined in a non-binding Political Declaration attached to the Withdrawal Agreement. This foresees the conclusion after the end of the transition period of a free trade agreement. However, the parties’ respective negotiating directives and guidelines, made public in February of 2020, show a remarkable gap in objectives and features of the future agreement, to the point that a failure of the negotiations and a no-deal Brexit is still a possibility. The chapter then considers the provisions of the Withdrawal Agreement impacting the future EU–UK relations, namely Article 184 and the Protocol on Northern Ireland that already foresees rules applying between the parties post-transition, with respect to Northern Ireland. It also reflects on the challenges the UK faces in negotiating trade agreements with the EU while also doing so with the rest of the world.

Post-Brexit: Untangling the fishing mesh

2020 ◽  
Vol 27 (5) ◽  
pp. 660-683
Author(s):  
Thomas van Rijn ◽  
Jill Wakefield
Keyword(s):  
International Law ◽  
Transition Period ◽  
Trade Agreement ◽  
Marine Environmental Protection ◽  
Key Issues ◽  
Sanitary Product ◽  
Close Cooperation ◽  
Fish And Fishery Products ◽  
The Uk ◽  
The Eu

Fisheries is one of the key issues in the negotiations for an agreement between the UK and the EU on their future relationship. At the end of the transition period, the UK will have full sovereignty over its waters but the EU is demanding the continuation of the existing pattern of fishing as far as possible. This article untangles the different elements of the issue. It demonstrates the international legal requirements for the regulation of fishing that will have to be met by the UK. To meet its obligations with regard to access to and use of fish resources under international law, a close cooperation with the EU and other neighbouring countries will be necessary. As the EU negotiation position links a free trade agreement with an agreement on fisheries while the UK is seeking discrete trade and fisheries agreements, the position at the end of 2020 is very uncertain. The problems regarding the trade in fish and fishery products, customs duties and sanitary product standards will be examined. EU provisions on environmental standards and marine protected areas will in principle no longer be applicable in the UK, but marine environmental protection is an obligation of international law so the protection of the marine environment and ecosystems in UK waters post-Brexit will be considered. We conclude by considering whether Brexit will deliver anticipated benefits.

scholarly journals The European Union and Brexit Dilemma – A very British Problem?

2019 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Annegret Engel
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Issues ◽  
The European Union ◽  
The Future ◽  
Legal Uncertainty ◽  
The One ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This paper discusses the key legal issues arising from the constitutional conceptions of both the EU and the UK in the latter’s withdrawal process. It argues that the adherent Brexit dilemma is mainly the result of the UK’s non-codified constitution on the one hand, exposing legal uncertainty over institutional procedures, regional involvement, or the precise status of international law. Nevertheless, the EU’s composition of the withdrawal process as defined in Article 50 TEU has also caused confusion during the negotiations of the withdrawal agreement, the future EU-UK relationship, as well as the possibility of revocation. Due to its unprecedented nature, the several uncertainties and flaws inherent in this case have consumed valuable time and resources which could have otherwise been used more efficiently in order to ensure a smooth and orderly departure from the EU.

scholarly journals CETA: A NEW STAGE IN THE DEVELOPMENT OF RELATIONS BETWEEN CANADA AND THE EUROPEAN UNION

2018 ◽  
pp. 51-58 ◽  
Author(s):  
Larisa Germanovna Chuvakhina
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
The United States ◽  
The European Union ◽  
Economic Relations ◽  
Qualified Personnel ◽  
New Type ◽  
European Business ◽  
The Uk

The article is devoted to the problem of the developing the Comprehensive Economic and Trade Agreement. There have been shown the specific features of the Comprehensive Economic and Trade Agreement as a contract of a new type between Canada and the European Union. The ambiguous position of European countries in the course of the negotiations on the issue of concluding the Comprehensive Economic and Trade Agreement has been substantiated. It is underlined that after the release of the UK from the EU, the Agreement will be replaced by a new bilateral treaty between Canada and Great Britain. The main goal of creating the Comprehensive Economic and Trade Agreement is defined as liberalization of trade and economic relations. Along with the development of trade in goods, services trade and investment cooperation are identified as the leading areas of cooperation. The institutional structure of the Agreement has been considered. The investment-state mechanism for dispute settlement developed within the framework of the Agreement has beenanalyzed. To resolve investment disputes, the Agreement provides for the establishment of the investment tribunal, the appeals tribunal for investment, the arbitration court. Assessment of possible benefits and costs associated with the participation of EU countries in the Agreement has been given. The prospects for EU cooperation with Canada have been determined. It is emphasized that the Agreement opens new opportunities for European business in the matter of expanding exports to Canada; it creates conditions for qualified personnel from the countries of the European Union to seek work in Canada, because of the recognition of professional qualifications obtained in the member states of the Agreement. Canada's growing interest in expanding cooperation with European states was highlighted. The orientation towards the development of cooperation with Europe is largely explained by "cooling" in relations between the governmental and business circles of Canada and the United States. It has been referred that the American factor should be taken into account when studying the development of economic relations between Canada and the European Union.

A backstop solution to Brexit has some potential

2019 ◽  
Keyword(s):  
Northern Ireland ◽  
Free Trade Agreement ◽  
Prime Minister ◽  
Trade Agreement ◽  
Special Treatment ◽  
Northern Irish ◽  
Content Type ◽  
Article 50 ◽  
The Uk ◽  
The Eu

Subject Brexit negotiations. Significance A Northern Ireland-specific agreement is now the best hope for UK Prime Minister Boris Johnson to deliver Brexit by October 31 with a deal. While Johnson would likely accept alignment of Northern Ireland with EU rules if this meant replacing the UK-wide backstop, convincing his Northern Irish allies in the Democratic Unionist Party (DUP) remains the key challenge. Impacts Delivering Brexit with a deal will increase the prospects for a UK-US free trade agreement. A risk of a Northern Ireland backstop is that it will invite pressure from Scottish nationalists, who would want similar special treatment. The EU is likely to accept an Article 50 extension request if an election or referendum is due to take place.

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