The EU because of Brexit

Author(s):  
Federico Fabbrini

This chapter examines the European Union because of Brexit, focusing on a number of transitional problems that the withdrawal of the United Kingdom from the EU—and its delay owing to subsequent requests to extend EU membership for extra time—posed for the EU’s functioning and funding. In particular, it emphasizes the consequences of Brexit for the composition of the 9th European Parliament (2019–2024), and its elections in May of 2019. It explains how the participation of the UK in this democratic process had pro tempore effects on both the EP outlook and its electoral outcome. The chapter also considers the transitional institutional challenges faced because of Brexit by both the European Commission and the Council of the EU. It highlights the implications of Brexit for the EU’s multi-annual financial framework (MFF), stressing how the UK’s withdrawal created a budget gap for the EU, attributable to the way the EU is funded, and how this would create challenges in the next MFF negotiations—as indeed happened.

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


Author(s):  
Ludovic Highman

On such divisive issues as EU membership and, consequently, the post-Brexit relationship between the United Kingdom and the European Union, it is unsurprising that Theresa May’s government has been torn between a “hard” and a “soft” Brexit. As of June 2018, there is still no indication of which approach will prevail, putting at risk UK universities’ participation in the Erasmus+ program, which has provided, among other things, opportunities for over four million Europeans to study, train, and volunteer abroad since its inception. Full access to EU research funds is also at risk. Universities cannot depend on the UK government’s help in securing the frameworks allowing for continuity. In such a context, universities have started to use their limited resources to secure bilateral international and European links to foster research collaboration and staff and student mobility, post-Brexit.


2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin

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.


Author(s):  
Federico Fabbrini

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.


Author(s):  
Federico Fabbrini

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.


Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas

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.


2020 ◽  
Vol 26 (1) ◽  
pp. 188-209
Author(s):  
Andrew S. Ross ◽  
Aditi Bhatia

The sweeping tide of populism across the globe has given rise to isolationist sentiments that call for the closing of national borders and a return to nativist roots. This has been most evident in Britain in terms of the controversial vote to exit the European Union (EU) during the 2016 referendum (to Leave or Remain) and more recently with the lead up to a general election and mounting pressure on the government to implement an exit strategy. The most vocal proponent of the “leave” movement was the United Kingdom Independence Party (UKIP), reframing the debate on EU membership in terms of invasion and oppression. This paper focuses on precisely this discursive construction of the EU by analyzing UKIP campaign posters through application of Bhatia’s Discourse of Illusion framework on three levels: historicity (use of the past to justify the present or predict the future), linguistic and semiotic action (subjective conceptualizations of reality made apparent through metaphorical rhetoric), and degree of social impact (emergence of delineating categories through ideological narrative).


2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi

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.


2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Fajar Muhammad Nugraha

The EU is very concerned with the implementation of Human Rights, so it has become the basic value and the main terms in its membership1. The EU's desire toexpand the territorial prompts efforts to discipline the implementation of Human Rights is intensified in order to increase the number of members. However, individual identity, how one defines itself as a nation, and freedom of expression are also major points in Human Rights. This is clearly a major obstacle that unknowingly appears in the territorial expansion efforts being undertaken by the European Union. The most obvious and most recent example is the occurrence of Brexit through the EU referendum in June 2016 which resulted in the United Kingdom having to quit the EU membership. This is a major blow to the EU, because in the course of territorial expansion, the EU would have to lose one of its larger member states. This paper discusses the paradox of the virtue of Human Rights as a value that is upheld within the EU and the freedom of individuals and nations in defining themselves, as well as an identity crisis which is beginning to undermine the comfort of life in society.


2019 ◽  
Vol 3 (10) ◽  
pp. 129
Author(s):  
Bakhan Ako Najmalddin

The European Union is the most important development in European history since World War Two. Nothing else has had such a broad, deep, and lasting effect on the lives of Europeans. The topic of Europe has been a source of tension in the UK. The UK has long been one of the most skeptical and ambivalent members of the 28-country European Union (EU). The EU, the rest of Europe, allies around the world and the UK itself need to be prepared for the wider international implications of such a move. The approaching referendum on whether the United Kingdom should remain in or leave the European Union marks a defining moment for the country’s foreign relations. In addition to determining the UK’s future status in Europe, it will affect Britain’s ability to thrive in and help shape a rapidly changing world.


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