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.

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).

The right to revoke withdrawal notices from international organizations: The case of Brexit and the European Union

2020 ◽  
pp. 1023263X2095837
Author(s):  
Gino Naldi ◽  
Konstantinos Magliveras
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
British Society ◽  
The European Union ◽  
Critical Question ◽  
The Law ◽  
Article 50 ◽  
The Uk ◽  
The Right

Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notification could be revoked unilaterally. In the absence of any mention in Article 50, expert opinion was divided. International law – that is, the law of treaties and the law of international organizations – does not appear to provide a definite answer, while state practice is rather scarce. The constituent instruments of international and regional organizations containing withdrawal clauses are also silent, except for African organizations and development/investment organizations, which invariably allow Member States to rescind withdrawal notices. As regards the EU Treaties, before the Lisbon Treaty they did not contain a withdrawal clause. In the preliminary ruling given in Wightman v. Secretary of State for Exiting the European Union, which concerned whether an EU Member has the sovereign power under Article 50 to revoke unilaterally a withdrawal notice, the Court of Justice helped to clarify a critical question of EU Law but also of international law.

Brexit and its Implications for European Integration

2017 ◽  
Vol 25 (4) ◽  
pp. 519-531 ◽  
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.

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.

scholarly journals The impact of the Article 50 talks on the EU: Risk aversion and the prospects for further EU disintegration

European View ◽  
2019 ◽  
Vol 18 (2) ◽  
pp. 186-193 ◽  
Author(s):  
Andrew Glencross
Keyword(s):  
Public Opinion ◽  
Risk Aversion ◽  
European Integration ◽  
Future Prospects ◽  
Domino Effect ◽  
Before And After ◽  
Article 50 ◽  
The Uk ◽  
The Impact ◽  
The Eu

This article explores why there was no domino effect after Brexit and reflects on what this means for the health of European integration. It shows how the UK responded to the uncertainty surrounding the Article 50 talks by testing EU unity, prompting both sides to discuss a no-deal outcome. Evidence from Eurobarometer surveys demonstrates that attachment to the EU strengthened markedly during Brexit talks in the four countries considered most likely to flirt with leaving the EU. Hence Brexit changed the benchmarking process surrounding citizens’ evaluation of the prospects of getting a better deal outside the EU. Risk aversion thus explains the lack of a Brexit domino effect. However, the volatility of public opinion before and after the Article 50 talks, combined with the weaker increase in support over the EU as a whole, means there is no room for complacency over the future prospects of disintegration.

scholarly journals Rights of Small Peoples Living in the European North of Russia in the Legislative Acts of the Russian Federation

REGIONOLOGY ◽  
2019 ◽  
Vol 27 (1) ◽  
pp. 82-99
Author(s):  
Anna Yu. Kuznetsova
Keyword(s):  
Ethnic Groups ◽  
Dispute Settlement ◽  
Mother Tongue ◽  
National Policy ◽  
The State ◽  
Comparison Results ◽  
Wide Range ◽  
The Status ◽  
The Right ◽  
Dispute Settlement Procedure

Introduction. The work is of relevance due to the ambiguity of the status of small peoples: legislation of many countries (including Russia), being aimed at supporting small ethnic groups, is difficult to implement in practice. The article intends to analyze the situation concerning small ethnic groups living in Russia, created by the system of legislative acts. Materials and Methods. The study employed the method of content analysis, which allowed for a qualitative analysis of documents and their subsequent valid interpretation and comparison. Results. It has been revealed that Russia has not ratified the UN Declaration on the Rights of Indigenous Peoples and has its own understanding of the term; therefore the state does not recognize the right of peoples to own lands and does not establish a dispute settlement procedure. In theory, Russia provides ethnic groups with a wide range of rights, for example, the right to use lands and the right to receive education in their mother tongue. However, imp lementation of these provisions is often limited or completely impossible due to insufficient resources or conflicts of laws. It has been identified that generally the legislation makes provision for strengthening the unity and integrity of the state as the main goal of the state national policy. Discussion and Conclusion. The legislation on small peoples is of a declarative nature, so there is a need for regulation of relations between the state, enterprises and the indigenous population. Since the legislation is quite flexible due to changes in society, further monitoring of the acts adopted by the state on small ethnic groups and of the mechanisms introduced is necessary and appears to be a matter for further research.

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

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?”

scholarly journals THUCYDIDES AND BREXIT: PARALLELS AND FUNCTIONAL PRINCIPLES

2021 ◽  
Vol 6 (3) ◽  
Author(s):  
Christos-Thomas Kechagias ◽  
Sofia Stefanopoulou ◽  
Alexander-Stamatios Antoniou
Keyword(s):  
Transition Period ◽  
Global Politics ◽  
Financial Autonomy ◽  
The Future ◽  
Article 50 ◽  
The Uk ◽  
In The Beginning ◽  
Trade Deals ◽  
The Relationship ◽  
The Eu

When the majority of UK citizens voted to exit the EU almost nobody could tell the main impact of the most important event in global politics in the beginning of the 21st century. Two years after the referendum none is sure what exactly Brexit means, especially on the relationship the UK will have with EU in the future. The UK invoked the Article 50 of the Lisbon Treaty and until 1 January 2021 there will be a transition period which is necessary for both parts to prepare and strike their own new trade deals. What lessons can a modern political thought learn from antiquity? According to Thucydides, the inventor of political science, and theorist of political and financial autonomy, there might be a new set of ways of thinking and values, for both UK’s major political parties. Through his political view of the cultural and institutional explanation of the democratic Athenian paradigm we could find some of the fundamentals of the first known democracy in the world and transfer them to our times. How could an observer conceive the risks and the opportunities of the future UK role after Brexit putting Thucydides’ theory into praxis? What is the relationship between modern UK politics decisions with the strategies of Pericles, Cleon, and Alcibiades, during the Peloponnesian War? <p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0735/a.php" alt="Hit counter" /></p>

scholarly journals Brexit: lessons learned, status quo and way ahead

2020 ◽  
pp. 146-155
Author(s):  
Sebastjan Okinčic
Keyword(s):  
European Union ◽  
Transition Period ◽  
Lessons Learned ◽  
The European Union ◽  
Sovereign State ◽  
Near Term ◽  
To Come ◽  
Article 50 ◽  
Great Pain ◽  
The Uk

On 23 June 2016 almost 17.5 million citizens of the United Kingdom voted to leave the European Union. The UK government invoked the relevant Article 50 of the Treaty on European Union on 29 March 2017. As authors of the said provision have admitted, it was never to be used (Fabbrini, 2017). And yet here we all are/were (depending on when you are reading it), anno domini 2020, witnessing an unprecedented event of a sovereign state “taking back control” i.e. leaving in great pain the most powerful economic and political union of sovereign states ever established, taking advantage of the procedure that had initially not only been de iure impossible, but also seemed inconceivable in and of itself.According to Theresa May, “Brexit means Brexit”. Little help did that tautological definition bring anyone. And yet, after Brexit came, the transition period started. Written in the middle of the said transition period, the purpose of this paper is to briefly treat on Brexit in general and the near-term future related thereto. In addition, also considering the timing of this paper, i.e. May / June 2020, a particular regard will be paid to the more distant future ahead of us – certain matters pertaining to international commercial dispute resolution after Brexit.Considering the overall uncertainty surrounding Brexit that we find ourselves in, the relevance of the topic discussed in the paper is unquestionable. In addition, relevance-wise, one could consider whether the process we are all witnessing could result in encouraging or, rather, discouraging any similar future initiatives. In this context, a broader perspective will be utilised to come to certain indicative conclusions as to whether Brexit can result in good know-how practices learned for future similar initiatives, or rather serve as an example for “never again”.

Sign in / Sign up

Export Citation Format

Share Document