15. The relationship of the UK with the European Union and Brexit

2020 ◽  
pp. 464-506
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
The Future ◽  
Trade Relationship ◽  
Eu Referendum ◽  
The Uk ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

This chapter charts the long association of the UK with the EU. It considers all aspects of this relationship including pre membership, entry to the EC (EU), the first UK EU referendum in 1975 and the relationship over five decades. It considers how EU law was granted supremacy over UK law and how the courts viewed this. It considers the period up to and, including the 2016 UK EU referendum on exiting or remaining in the EU and the immediate consequences of that. Finally, and now most importantly, it looks at the negotiations and means by which the UK legally exited the EU on 31 January and the movement into the next stage of that relationship: the future trade relationship with 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 The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law.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.

Public opinion attitudes towards the European Union and its future in the United Kingdom. Study based on the results of Eurobarometer surveys in the UK and Poland

2014 ◽  
pp. 116-131
Author(s):  
Beata Słupek
Keyword(s):  
European Union ◽  
The European Union ◽  
Main Research ◽  
The United Kingdom ◽  
The Future ◽  
The Subject ◽  
The Uk ◽  
The Relationship ◽  
British People ◽  
The Eu

The subject of this publication is the scepticism regarding the future of the European Union in the UK. The research is based on Eurobarometer surveys conducted over the period of five years. A purpose of the research is to show the relationship between the results of the Eurobarometer survey on the future of the EU, and the eurosceptic views in the UK. The main research questions is: is the UK sceptical about the future of the EU? Hypothesis of this publication is that the UK is sceptical about the future of the European Union. The reasons for such attitudes are not analysed here – the article is merely an attempt to present the societal attitudes. The research method employed is the comparative critical analysis of quantitative data. The conclusion is that Great Britain is not significantly eurosceptic. British people are, however, less enthusiastic about what is happening at present in the EU, and also are showing greater anxieties when it comes to the future of the EU.

1. The History and Constitutional Basis of the European Union

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
The European Union ◽  
Future Developments ◽  
The Uk ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

This chapter considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day. The discussions cover the motives for European integration; the founding of the European Communities; the relationship of the UK with the European Communities and Union including the Brexit referendum result and possible consequences; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.

1. The History and Constitutional Basis of the European Union

2019 ◽  
pp. 3-42
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
The European Union ◽  
Future Developments ◽  
The Uk ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

This chapter considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day. The discussions cover the motives for European integration; the founding of the European Communities; the relationship of the UK with the European Communities and Union including the Brexit referendum result and possible consequences; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

The EU during Brexit

2020 ◽  
pp. 9-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
The European Union ◽  
Military Cooperation ◽  
Member States ◽  
Decision To Leave ◽  
Policy Initiatives ◽  
Eu Membership ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

9. EU law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
Legislative Power ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability ◽  
The Eu

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

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