The portability of social rights of the United Kingdom with the European Union: Facts, issues, and prospects

2018 ◽  
Vol 20 (4) ◽  
pp. 325-340
Author(s):  
Robert Holzmann ◽  
Jacques Wels

The portability of social benefits – such as the state pension, child allowances and unemployment benefits – for international migrants is regulated by social security agreements concluded between countries or at supra-national level, such as within the European Economic Area (EEA). Focusing on the United Kingdom, this article aims at capturing the main issues that have been recently raised by such agreements, with particular emphasis on the case of migration between the UK and Europe. The first part of the paper summarises the main consideration researchers and policy makers should bear in mind in looking at portability. Using data from the 2013 World Bank migration matrix, the second part of the paper compares the stock of British migrants residing abroad and the stock of foreigners living in the United Kingdom. The third part of the paper summarises the main issues that were raised in relation to the EEA multilateral agreement including the notion of residence, the state pension, family allowances, and the portability of health care benefits. The conclusions highlight the main concerns and options that lie ahead following the withdrawal of the UK from the European Union.

Author(s):  
Olha Samoilova

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.


2020 ◽  
Author(s):  
Roberto Zavatta

This paper provides an overview of territorial patterns of COVID-19 deaths in four European countries severely affected by the pandemic, Spain, France, Italy, and the United Kingdom. The analysis focuses on cumulated COVID-19 mortality at the sub-regional level, following the territorial subdivision of countries adopted by the European Union. The paper builds upon a dataset with highly granular information on COVID-19 deaths assembled from various sources. The analysis shows remarkable differences in territorial patterns of COVID-19 mortality, both within and across the four countries reviewed. Results somewhat differ depending on the aspect considered (concentration of deaths or mortality rates) but, in general, Italy, France and Spain display significant territorial disparities, with selected sub-regions being disproportionately affected by the pandemic. Instead, the picture is more uniform in the UK, with comparatively lower differences across the various sub-regions. These findings suggest that analyses of COVID-19 mortality at the national level (and, sometimes, even at the regional level) may conceal major differences and therefore be of limited use, both analytically and from an operational viewpoint.


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):  
Radovan Malachta

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.


2021 ◽  
Vol 36 (1) ◽  
pp. 155-164
Author(s):  
Richard Barnes

Abstract On 30 September 2020, the United Kingdom and Norway signed the Framework Agreement on Fisheries that will provide the basis for future cooperation in the sustainable management of their fisheries. The Agreement is the first such agreement adopted by the UK following its decision to the leave the European Union. This note provides some background to the Agreement and examines its key features. Whilst the content of the Agreement appears to be rather basic, this is broadly consistent with other framework agreements, and it does provide some insight into the direction and focus of fisheries management in the North Sea, and how cooperation may develop between coastal States and the European Union.


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.


2020 ◽  
Vol 68 (2) ◽  
pp. 412-440
Author(s):  
Jo Eric Khushal Murkens

Abstract The complexities of the United Kingdom’s decision to withdraw from the European Union while simultaneously honoring its prior commitments to its decentralized, autonomous, and constituent regions have put constitutional questions back on the map. The dominant approach analyzes these questions premised on the “preservative” view of the constitution. This view prioritizes the stability and continuity of the institutions in Westminster (Parliament) and Whitehall (central executive). However, the preservative view of the constitution is theoretically and practically deficient as it cannot give an account of the multipolar and decentralized developments of the past twenty years. Another interpretation regards the legal and political changes to the constitution as “transformative.” This view accentuates the fragility of the U.K. constitution due to a plurality of constitutional rules and the ongoing processes of devolution of powers within multilevel systems of government. This Article discusses that evolution of the U.K. constitution through the prism of comparative constitutional law and its appropriate methodology. The preservative model of the constitution favors a universalist method, whereas the transformative model requires a contextualist method. I argue that the experience of supranational (European Union) and infranational (devolution) power sharing has fundamentally altered the United Kingdom’s central constitutional concepts. To stabilize its fragmentary forces, the United Kingdom needs to adopt concepts that reflect the state as divided, the constitution as transitional, sovereignty as an attribute of the state rather than Parliament, and democracy as conflicted. Nothing less than the future of the United Kingdom as a state is at stake.


2020 ◽  
Vol 11 (3) ◽  
pp. 332-346
Author(s):  
David Mangan*

2020 had been marked as a significant year for the UK with its departure from the European Union. The coronavirus pandemic quickly became the most important issue facing the Government under a third Prime Minister since the 2016 referendum. From the start, problems have dogged this Government in meeting the monumental challenges posed by Covid-19. The UK approached the work implications of this pandemic in some distinct ways, as compared to European Union Member States. This piece is longer than other country reports in this volume as a result of critically engaging with these differences.


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.


2020 ◽  
pp. 229-242
Author(s):  
Grzegorz Balawajder

The subject of the paper is reflections on the consequences of Brexit for the functioning of the border between Ireland and Northern Ireland. The author explains what this border means when the United Kingdom is no longer a member of the European Union, and thus the border may be a barrier to the free movement of people, goods, capital and services. At the same time, it is stressed that the exit of the United Kingdom from the European Union will have a significant impact on the change of the function of this border, which from then on is no longer an internal border of the Union. The aim of the paper is therefore to analyse the consequences of this change, with a simultaneous indication of different models of the UK’s functioning with relation to the European Union and their impact on the British-Irish relations, especially with regard to the various dimensions of the border as a barrier. The article presents various scenarios of solutions that will determine their mutual relations as a result of negotiations between the European Union and Great Britain, especially with regard to access to the single European market, which in turn will be influenced by the border between Ireland and Northern Ireland in the scope of the free movement of people, goods, capital and services. The author used the system analysis method and the comparative method. The author puts forward the thesis that if the negotiations cause a fairly strong loosening of relations between the UK and the European Union, to mitigate the consequences of such a situation for the Irish-British relations, it will be necessary to find and develop bilateral solutions that will facilitate border crossing. The Smart Border 2.0 concept can constitute such a solution.


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