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.

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

scholarly journals The Political Consequences of Brexit for the United Kingdom and the European Union

SEEU Review ◽  
2018 ◽  
Vol 13 (1) ◽  
pp. 30-43
Author(s):  
Viona Rashica
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Political Consequences ◽  
Voluntary Withdrawal ◽  
The United Kingdom ◽  
The World ◽  
Article 50 ◽  
The Uk ◽  
The Eu

Abstract The date 23 June 2016 brought in front of the United Kingdom and the European Union a very serious challenge named Brexit. In the June 23, 2016 referendum, the British voted to leave one of the most unique international organizations in the world, thus putting the EU in front of the UK’s request for the activation of Article 50 of the Lisbon Treaty, which the EU is facing for the first time. Brexit is opening new chapters in the history of the UK, while the EU is engaging with the procedures of the voluntary withdrawal of an important member state, which is known about its high political and military role in the world. Some experts of international relations and European studies say that Brexit will have much more consequences for the UK, some for the EU, but truth is that Brexit will be accompanied with many consequences for both of its protagonists. Its risks are very serious so they may result with the dissolution of the UK. Meanwhile, the increase of euroscepticism within the EU’s member states, with particular emphasis the presence of Eurosceptic voices in its most important members is at a very worrying level. Based on these facts, the knowledge about the real meaning of Brexit is necessary. Therefore, the main focus of this research lies in the classification of the main political consequences of Brexit for the UK and the EU.

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.

EU-UK Brexit is unlikely to be stopped

2018 ◽  
Keyword(s):  
United Kingdom ◽  
Ongoing Debate ◽  
Content Type ◽  
The United Kingdom ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

Significance This comes after the Telegraph reported last week that Soros had donated 400,000 pounds to the group. There is an ongoing debate as to whether the United Kingdom will in fact leave the EU. Central to it is the question of whether the UK government can unilaterally revoke its decision to trigger Article 50 in March 2017. Impacts Voters would be less likely to support the revocation of Article 50 if the Council imposed conditions that made membership less attractive. Revoking Article 50 and remaining in the EU would reduce damage to the UK economy. If Article 50 is revocable, Eurosceptic governments could be tempted to use the prospect of triggering it as leverage in EU negotiations.

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 Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

4. International Sources of Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
International Conventions ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on the European Union and the Treaty on the Functioning of the European Union. Disputes are adjudicated by the Court of Justice of the European Union. Whilst the UK has recently voted to leave the EU, it will not do so for at least two years, meaning EU law will remain part of UK law. The United Kingdom is also a member of the Council of Europe, which has issued a number of international Conventions that impact the English Legal System.

scholarly journals Federalism and Multilevel Governance in Tobacco Policy: the European Union, the United Kingdom, and Devolved UK Institutions

2009 ◽  
Vol 29 (1) ◽  
pp. 79-102 ◽  
Author(s):  
BOSSMAN ASARE ◽  
PAUL CAIRNEY ◽  
DONLEY T. STUDLAR
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Tobacco Control ◽  
Control Policy ◽  
Multilevel Governance ◽  
Tobacco Policy ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

ABSTRACTMost studies of tobacco control policy focus on the central level of national governments. Yet within the European Union, three levels of government have responsibilities for tobacco control: the EU; the central governments of member states; and provinces or devolved levels of government. This article examines the role of each in the formation of tobacco policy in the United Kingdom. It compares the theory of regulatory federalism with multilevel governance as explanations for tobacco regulatory policy within the EU. While executive-legislative fusion in the United Kingdom leads to the practice of discretionary federalism, the EU provides mixed support for the theory of regulatory federalism. There is significant policy innovation in the UK and its devolved territories as well as limited policy authority for tobacco control in the EU. Overall, multi-level governance (MLG) may be a superior, albeit incomplete, explanation of tobacco control within the EU and the UK.

scholarly journals The process of British integration with European Union

2017 ◽  
pp. 161-170
Author(s):  
Olha Samoilova
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Community ◽  
The State ◽  
The European Union ◽  
The United Kingdom ◽  
Leading Position ◽  
State Of Affairs ◽  
The Uk ◽  
The Eu

The relations with the United Kingdom of Great Britain and Northern Ireland are of the great importance for the European Union as well as for the United Kingdom, since the latter is dependent on the EU policies to some extent. As British nation has formally started the process of leaving the organization, it is important to investigate the process that led to the current state of affairs. To understand the current problem between sides, the history and process of establishing the relations should be studied. The problems appearing throughout the time still remain unresolved and prove the mutual interdependence and importance of their addressing for both the United Kingdom and the European Union. The article researches the main stages of British integration with the EU and their influence on the international relations within the European community. Since the first failed application to join the EEC in 1961 and later accession in 1973, the UK managed to occupy the leading position in the European Community with a number of beneficial rights. However, within the state the European integration provoked conflicts, i.e. between those who believe that Britain's future lies with Europe and those who believe it does not. In 1980-s the UK politicians stressed that the state paid a lot more into the EC budget than other members due to its relative lack of farms. The situation was worsened by J. Delors’ policy towards a more federal Europe and a single currency. T. Blair’s government was more European in its outlook than its predecessor, as he actively advocated the expansion of the European Union. However, Blair’s desire to get closer with the US dissatisfied Europeans. In 2011 D. Cameron became the first UK prime minister to veto a EU treaty. After winning reelection in May 2015, D. Cameron started the process of renegotiating the UK-EU relationship, putting on the list such issues as changes in migrant welfare payments, financial safeguards and easier ways for Britain to block EU regulations. On 23 June 2016 UK voters, inspired by Cameron, elected to withdraw from the European Union. The consequences of Brexit caused serious challenges the UK has to overcome in the nearest future.

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

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