scholarly journals Has the European Union empowered the regions? A pre- and post-Brexit preliminary investigation of the United Kingdom

2020 ◽  
pp. 096977642097215
Author(s):  
Giada Lagana
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Mutual Influence ◽  
Preliminary Investigation ◽  
The European Union ◽  
Opportunity Structure ◽  
Systematic Account ◽  
The United Kingdom ◽  
National Governments ◽  
The Eu

The literature on the relationship between regions and the European Union (EU) has generated important insights. Firstly, existing scholarship has found that the EU has empowered, as well as disempowered, regions and sub-national governments. Secondly, researchers have convincingly demonstrated how regions have adapted to the EU opportunity structure. Finally, studies exist that have investigated the ways in which regions and sub-national governments have also influenced the EU opportunity structure. These dimensions are rarely brought together to examine the mutual influence and constant interaction of regions and the EU. Accordingly, this article aims to provide a short systematic account of how empowering and disempowering structures and sub-national governments’ endeavours in the United Kingdom (UK) interacted with the European level. It will do so through the Strategic-Relational Approach, showing how regional motivations, processes of devolution, differential opportunities and constraints and strategies of adaptation and transformation are interrelated. The last section will discuss some of the disempowering issues Brexit presents for the UK’s territorial and constitutional future.

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.

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.

scholarly journals A U.K. perspective on Brexit: Consideration of potential issues for academic and research libraries

2019 ◽  
Vol 80 (11) ◽  
pp. 623
Author(s):  
Judith Broady-Preston
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Research Libraries ◽  
The United Kingdom ◽  
British People ◽  
The Eu

In an historic referendum held June 23, 2016, to determine whether the United Kingdom (U.K.) should leave or remain as members of the European Union (EU), the British people voted 52% in favor of the U.K. withdrawing from its membership in the EU. As a plebiscite, arguably the result has validity as the proportion of those eligible to vote was high at 72%, with more than 30 million voters in total.

A historical overview of the general implementation of the European Union Market Abuse Directive in the United Kingdom before Brexit and its future implications

2017 ◽  
Vol 24 (2) ◽  
pp. 217-244
Author(s):  
Howard Chitimira
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Insider Trading ◽  
The European Union ◽  
Member States ◽  
Market Abuse ◽  
The United Kingdom ◽  
Insider Dealing ◽  
The Eu ◽  
Market Abuse Directive

The European Union (EU) was arguably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its Member States. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonized the insider trading ban among the EU Member States. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the UK’s vote to leave the European Union (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.

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.

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.

The United Kingdom and the European Union

2020 ◽  
Author(s):  
Alasdair Blair
Keyword(s):  
European Union ◽  
United Kingdom ◽  
World War Ii ◽  
The European Union ◽  
The United Kingdom ◽  
The World ◽  
Global Connections ◽  
The 1960S ◽  
Global Affairs ◽  
The Eu

Since the end of World War II a key question that successive U.K. governments have faced is what position the country should occupy in global affairs. Such a question stemmed from the legacy of Empire, which both offered global connections and at the same time financial demands in terms of the need to maintain a global footing. These issues came to a head when the United Kingdom applied (unsuccessfully) to join the European Community (the forerunner of the European Union (EU)) in the 1960s when the country was reappraising its position in the world. And while the United Kingdom eventually joined the Community in 1973, there remained an underlying skepticism about membership within the public at large as well as within sections of the Conservative and Labour parties. This suspicion gained more traction from the 1990s onward as the then EU appeared to be moving to a deeper level of integration in the wake of the Maastricht Treaty. This spurred on Euroskeptics in the United Kingdom to campaign for independence. To put a lid on this pressure for reform, David Cameron held a referendum on U.K. membership in 2016. His gamble that this would once and for all seal the United Kingdom within the EU by closing down the issue of withdrawal did not actually materialize, as the electorate voted to leave, which in turn set the country on a path to depart the EU in 2020. Yet, despite these developments, just as was the case in 1945, the United Kingdom is in many ways still searching for a role in the world in 2020.

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.

Sign in / Sign up

Export Citation Format

Share Document