II. The Ankara Agreement, Turkey, and the Eu

2006 ◽  
Vol 55 (3) ◽  
pp. 705-717
Author(s):  
Elena Katselli
Keyword(s):  
European Union ◽  
United Kingdom ◽  
United Nations ◽  
Member State ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Republic ◽  
Republic Of Cyprus ◽  
The Eu

The Republic of Cyprus became independent on 16 August 1960 with the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the Treaty of Establishment,1 the Treaty of Guarantee,2 and the Treaty of Alliance.3 Due to limited space, this article will not consider the troubled history of the new Republic the structures of which were literally shattered by an unworkable and dysfunctional Constitution a few years only after its establishment and which eventually led to the Turkish invasion and continuing occupation of one third of its territory.4 Rather, this article intends to focus on recent legal developments provoked by Turkey's refusal to recognize the Republic of Cyprus, a Member State of the United Nations and as from May 2004 a Member of the European Union, in the context of Turkey's own aspirations to become an EU Member State.

scholarly journals Why withdrawal from the European Union is undemocratic

2017 ◽  
Vol 9 (3) ◽  
pp. 436-465 ◽  
Author(s):  
Tore Vincents Olsen ◽  
Christian F. Rostbøll
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
Individual Member ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Political Units ◽  
Article 50 ◽  
The Eu

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.

scholarly journals Niemcy i Francja w Unii Europejskiej po brexicie

2018 ◽  
pp. 39-55 ◽  
Author(s):  
Józef M. Fiszer
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Driving Force ◽  
Turning Point ◽  
Accurate Diagnosis ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Eu

There is no doubt that Brexit is an unprecedented event in the history of European integration and the European Union (EU). It will certainly be a turning point not only in the history of the EU but also in Germany and France. It will affect their place and role in the new international order that is currently being shaped. Today, however, it is very difficult to present an accurate diagnosis, and even more difficult to predict the future of the EU, Europe and the whole world after Brexit. Currently, the opinions of researchers and experts on this subject are divided. Many fear that Brexit will be the beginning of the end of the EU and that it will lead to so-called diversified integration and then to its disintegration. Others believe that Brexit, nolens volens, may accelerate the EU’s modernisation process. This will require the adoption of a new revision treaty. This treaty will be developed under the dictation of Germany and France, which are the most influential countries in the EU.The purpose of this article is to answer a few questions, particularly what role  Germany and France can and will play in the EU after Brexit. Will these countries  again become the driving force in the process of European integration and the EU’s modernisation, or will they remain passive and contribute to the break-up of the EU? Moreover, the author intends to show the opportunities and threats for the EU  without the United Kingdom, which counterbalanced the influence of Germany and France in Europe.

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
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Member State ◽  
European Council ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Membership ◽  
The Eu

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).

scholarly journals Konsekwencje brexitu w dziedzinie prawa prywatnego międzynarodowego

2020 ◽  
pp. 138-158
Author(s):  
Sylwia Majkowska-Szulc
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

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.

11. The Changing Relations of the UK with the EU

2021 ◽  
pp. 397-422
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Complete Separation ◽  
The European Union ◽  
The United Kingdom ◽  
Political Relationship ◽  
History Of ◽  
The Uk ◽  
The Relationship ◽  
The Eu

The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.

scholarly journals Brexit: Consequences and Prospects (in The Context of Building New Britain-Ukraine-Eu Relations)

2020 ◽  
pp. 47-61
Author(s):  
Oleksandra Hissа-Ivanovych ◽  
Yana Kybich
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
European Continent ◽  
The United Kingdom ◽  
History Of ◽  
First Time ◽  
New Britain ◽  
The Eu

Britain’s withdrawal from the European Union is an extraordinary event in the history of the EU and the European continent as a whole. For the first time since the Union’s existence, one of the member states is leaving it. Of course, this situation has caused a significant resonance in the world community, because the question of the consequences that may arise as a result of such an event has become acute. It is clear that Brexit will not only provoke changes in the economic, political and cultural spheres of the relations between the United Kingdom and the European Union, but may also affect relations with third countries, including Ukraine. This article examines the possible effects of Brexit on the further development of the United Kingdom, on the future of the EU in the context of growing Euroscepticism among member states, and on Britain’s and the European Union’s relations with Ukraine as a country that has clearly declared its pro-European position, and strives to become part of the EU by all means.

Resolving the ‘Highland Problem’: The Highlands and Islands of Scotland and the European Union

2018 ◽  
Vol 33 (4) ◽  
pp. 421-437 ◽  
Author(s):  
Katie Louise McCullough
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Local Knowledge ◽  
18Th Century ◽  
The European Union ◽  
The United Kingdom ◽  
Late 18Th Century ◽  
History Of ◽  
Local Agencies ◽  
The Eu

Popular perception has historically constructed the Highlands and Islands of Scotland to be economically and socially backwards in comparison with the rest of the United Kingdom. As evoked in the phrase the ‘Highland Problem’, the area has been considered by outsiders to be beyond help and destined to remain in a state of underdevelopment and chronic depopulation. Despite the history of economic intervention in the area from the late 18th century onwards from private and government initiatives intended to alleviate poverty and bring wealth to the area, it was not until the 1980s with the implementation of sustained and tailored structural assistance from the European Union that emigration slowed and the population of the Highlands and Islands began to grow significantly. This economic success has largely been the result of not only a significant injection of capital but also the willingness of the EU to use local knowledge and collaborate with local agencies. This remarkable development, which is far from over, is being directly threatened by the Brexit phenomenon.

scholarly journals The Green Line in Cyprus: external border or internal discontinuity of the EU?

Europa XXI ◽  
2021 ◽  
Vol 40 ◽  
Author(s):  
Pierre Le Mouel
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Eastern Mediterranean ◽  
Green Line ◽  
The European Union ◽  
The Republic ◽  
Republic Of Cyprus ◽  
International Border ◽  
The Eu

Defining the Cyprus Green Line is a contested issue. Since the accession to the European Union of the Republic of Cyprus (RoC) in 2004, the EU has had to balance between two conflicting definitions of the Green Line. The first, set by international law and the United Nations (UN) resolutions, is that of a peace line that is only a temporary internal discontinuity within the RoC, separating both communities until a settlement is agreed. The second, championed by Turkey and the Turkish Cypriots’ pseudo-state, is that of an international border between both independent communities. The EU has had to apply both definitions at the same time, legally and pragmatically, which has heavily hindered its own peacebuilding efforts in Cyprus and reduced its actorness in Eastern Mediterranean geopolitics.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

Legislating and Adjudicating

2020 ◽  
pp. 173-192
Author(s):  
Eleanor Sharpston
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Good Reason ◽  
Case Law ◽  
Legislative Process ◽  
The European Union ◽  
The United Kingdom ◽  
European Union Legislation ◽  
Final Text ◽  
The Eu

The chapter examines the role played by the Court of Justice of the European Union (the CJEU) in ruling authoritatively on the meaning of European Union legislation. The EU legislative process differs from the parliamentary process in the United Kingdom for good reason. Within the European Union, there are many different traditions of how such drafting should be done; whilst, at EU level, multinationalism and multilingualism have a significant impact on what emerges as the final text. The chapter explains the difficulties encountered and gives illustrations from the Court’s case-law of instances where the Court has either decided not to take steps that might be construed as ‘legislating’ or, conversely, has gone to the limits of ‘constructive re-interpretation’. The chapter concludes by asking how far the Court should ‘bend’ a legislative text.

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