Cooperation with EU agencies and bodies under the EU–UK Trade and Cooperation Agreement: Eurojust, OLAF and the EPPO

2021 ◽  
pp. 203228442199605
Author(s):  
Rebecca Niblock
Keyword(s):  
Cooperation Agreement ◽  
European Public ◽  
Title Vi ◽  
Significant Change ◽  
The Uk ◽  
Practical Impact ◽  
The Eu

This article will examine the provisions of Part III, Title VI of the Trade and Cooperation Agreement (TCA) on Eurojust. While the agreement in the TCA with regard to Eurojust allows cooperation to continue, the new arrangements amount to a significant change. The article also looks at cooperation between the UK and other EU agencies, specifically the European Anti-Fraud Office and the European Public Prosecutor’s Office, concluding that the practical impact of the UK’s departure from the EU is unlikely to be significant.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Contesting Risk and Responsibility: European Debates on Food and Agricultural Governance of Avian Influenza

2010 ◽  
Vol 5 (2) ◽  
pp. 175-195 ◽  
Author(s):  
Michiel P.M.M. de Krom ◽  
Peter Oosterveer
Keyword(s):  
Avian Influenza ◽  
Agricultural Risk ◽  
The Public ◽  
Eu Member States ◽  
Food Governance ◽  
European Governance ◽  
European Public ◽  
Public Debates ◽  
The Uk ◽  
The Eu

In August 2005, avian influenza entered European public arenas as the next food and agricultural risk. As the virus was detected close to Europe, questions arose whether measures were required to protect human health and secure European food supply. This article analyzes the public debates on the characteristics of the risk and on the interventions needed. The mass media in two EU member states, the UK and the Netherlands, were studied for this purpose. With the help of qualitative analysis the debates were analyzed as they unfolded in selected national newspapers. Arguing that risks are socially mediated realities, the article discusses how struggles on risk definitions relate to different policy decisions. Moreover, it analyzes how these political dynamics are informed by the involvement of state, market, and civil society actors in European governance, and discerns their wider implications for the functioning of the EU food governance framework.

scholarly journals Trade and Cooperation Agreement Between the EU and the UK: Conditionality Versus Sovereignty

2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  
Keyword(s):  
European Union ◽  
Transition Period ◽  
Trade Agreement ◽  
Economic Losses ◽  
Customs Union ◽  
The European Union ◽  
Cooperation Agreement ◽  
British Case ◽  
The Uk ◽  
The Eu

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.

Crystal ball gazing: where next for UK competition law and policy post-Brexit?

2021 ◽  
Vol 20 (2) ◽  
pp. 78-88
Author(s):  
Noel Beale ◽  
Paschalis Lois
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Cooperation Agreement ◽  
Law And Policy ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Uk ◽  
Potential Interactions ◽  
The Relationship ◽  
The Eu

The Trade and Cooperation Agreement broadly sets out the nature of the relationship contemplated between UK and EU competition law and policy following Brexit. The question is whether the UK will capitalize on its newfound discretion to deviate its competition policy from the EU in the future. This article considers some of the potential new directions that might be taken within the UK's competition law landscape, specifically in relation to merger control, antitrust and subsidy control. It explores some of the problems and opportunities created in the wake of Brexit, as well as the legal and practical ramifications of future divergences between UK and EU competition policy. Furthermore, it considers how the Competition and Markets Authority may fare in enforcing new policy, as well as its potential interactions with regimes both within and outside the EU.

Brexit and Canada: Stopgap Solutions for the EU–Canada Comprehensive Economic and Trade Agreement (CETA) or a New Beginning?

2021 ◽  
Vol 58 (2) ◽  
pp. 248-264
Author(s):  
Nanette Neuwahl
Keyword(s):  
Transition Period ◽  
Trade Agreement ◽  
Cooperation Agreement ◽  
New Beginning ◽  
The Uk ◽  
The Eu

This article investigates how Canada’s trade with the EU-27 and the UK might be affected by Brexit. As the transition period foreseen in the 2019 UK Withdrawal Agreement has ended, the EU and the UK are no longer one customs area. The EU–Canada Comprehensive Economic and Trade Agreement (CETA), like other EU agreements, has ceased to apply to the UK. Henceforth, the policies and legislation of the UK and the EU-27 will invariably diverge. Taking into account both the EU–UK Trade and Cooperation Agreement as well as the Canada UK Trade Continuity Agreement concluded in late-2020, the article shows that the agreements reached, while providing immediate stopgaps for some of the fallout of Brexit, also represent potential for a new departure.

scholarly journals EU–UK institutional arrangements and Brexit: a view from Switzerland

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Yuliya Kaspiarovich
Keyword(s):  
Trade Agreement ◽  
Institutional Arrangements ◽  
Eu Law ◽  
The European Union ◽  
Cooperation Agreement ◽  
Eu Member States ◽  
Close Relationship ◽  
The One ◽  
The Uk ◽  
The Eu

In 1972 the UK signed an accession treaty with the EU while Switzerland and the EU concluded a free trade agreement. Nowadays, both countries have a very close relationship with the EU and are not (or not anymore) EU Member States. This article aims to analyse two complex legal paths taken by countries able but not willing (or no longer willing) to be part of the EU through institutional arrangements they have already negotiated or are currently negotiating with the EU. On the one hand, the UK was part of the EU legal order and is now extracting itself from the realm of EU law while switching to relations with the EU based on international law. On the other hand, Switzerland has built its relations with the EU on numerous bilateral agreements based on EU law without establishing a homogeneous institutional mechanism, which the EU has been insistently demanding since 2013. These two situations are paradoxically similar as for both of them the design of institutional arrangements depends on the degree of integration with/extraction from EU law. A comparison between the EU–UK withdrawal agreement, the EU–UK Trade and Cooperation Agreement (TCA) and the EU–Switzerland draft institutional agreement, as proposed in this article, confirms that the degree of institutional flexibility that the EU is able to offer to a third country with which it concludes an agreement is dependent on whether that agreement is based on EU law, and in particular, EU internal market law. This article argues that depending on the nature of law the agreement is based on, from an EU perspective variations in the role of Court of Justice of the European Union (CJEU) and/or of an arbitral tribunal may make sense, but this is not the case when one takes an outside perspective.

scholarly journals Assessing What Brexit Means for Europe: Implications for EU Institutions and Actors

2021 ◽  
Vol 9 (1) ◽  
pp. 1-4
Author(s):  
Edoardo Bressanelli ◽  
Nicola Chelotti
Keyword(s):  
Empirical Data ◽  
Thematic Issue ◽  
Organizational Practices ◽  
Cooperation Agreement ◽  
Decision To Leave ◽  
Counter Measures ◽  
Institutional Rules ◽  
The Uk ◽  
The Impact ◽  
The Eu

With the signing of the EU–UK trade and cooperation agreement in December 2020, the configurations of Brexit have started to become clearer. The first consequences of the UK’s decision to leave the EU have become visible, both in the UK and in the EU. This thematic issue focuses on a relatively under-researched aspect of Brexit—what the UK withdrawal has meant and means for the EU. Using new empirical data and covering most (if not all) of the post-2016 referendum period, it provides a first overall assessment of the impact of Brexit on the main EU institutions, institutional rules and actors. The articles in the issue reveal that EU institutions and actors changed patterns of behaviour and norms well before the formal exit of the UK in January 2020. They have adopted ‘counter-measures’ to cope with the challenges of the UK withdrawal—be it new organizational practices in the Parliament, different network dynamics in the Council of the EU or the strengthening of the Franco-German partnership. In this sense, the Union has—so far—shown significant resilience in the wake of Brexit.

European public opinion is turning against China

2020 ◽  
Keyword(s):  
The United States ◽  
Content Type ◽  
Investment Treaty ◽  
The United Kingdom ◽  
European Public ◽  
European Unity ◽  
European Values ◽  
The Uk ◽  
Public Views ◽  
The Eu

Significance The popular shift coincides with growing China scepticism within legislatures, which has already had a major impact on policy towards Chinese telecoms firm Huawei in the United Kingdom and Germany. Politicians are increasingly focused on the need to safeguard European values and interests vis-à-vis China. Impacts COVID-19 has also seen public views of the United States and Russia worsen; this could strengthen European unity and cooperation. Shifting European policy and opinion towards China will make Beijing less inclined to agree to an investment treaty with the EU. Concerns over China's behaviour and the effect of US sanctions on Huawei could see other countries follow the UK lead in banning the firm.

scholarly journals Competing Logics of Integration: EU Trade Post-Brexit

2021 ◽  
Vol 58 (2) ◽  
pp. 219-233
Author(s):  
Valerie D’Erman
Keyword(s):  
Trade Policy ◽  
Political Communication ◽  
Negotiation Process ◽  
Single Market ◽  
External Trade ◽  
Trade Negotiation ◽  
Cooperation Agreement ◽  
Major Shift ◽  
The Uk ◽  
The Eu

The European Union’s (EU) external trade policy has long been championed by scholars and practitioners alike as one of the great accomplishments for European integration. The UK’s exit from the EU in 2020 offers many precedents; one of which is the current negotiation of a trade deal between the EU and a former important member of the single market. This paper outlines the trade negotiation process between the EU and the UK and the resulting Trade and Cooperation Agreement (TCA) against the backdrop of the COVID-19 pandemic to forecast the broader potential evolution of EU trade policy. The increasing visibility of nationalist and protectionist statements in various instances of political communication suggests a major shift in multilateral norms away from the liberal-international emphasis on heightened trade and interdependence. The implications for the EU external trade policy are a re-direction of efforts toward internal single market cohesion, and a more cautious approach to future potential trade agreements.

scholarly journals Umowa o handlu i współpracy między UE a Wielką Brytanią

2021 ◽  
pp. 107-126
Author(s):  
Jarosław Kundera
Keyword(s):  
Financial Services ◽  
Trade Agreement ◽  
Free Movement ◽  
The European Union ◽  
Costs And Benefits ◽  
Cooperation Agreement ◽  
Mutual Cooperation ◽  
The Uk ◽  
Common Trade ◽  
The Eu

The Trade and Cooperation Agreement between the European Union (EU) and the United Kingdom (UK) is a free trade agreement signed in accordance with WTO rules. It consists of 12 chapters and many annexes, which contain provisions on the free movement of goods, investments, payments, rules of origin, common institutions, dispute resolution procedure, cooperation in the field of transport, environmental protection, combating terrorism and crime. In view of the UK’s exit from the EU, it is important to analyse, what is most interesting in the Agreement and what it does not contain, e.g. provisions on the free movement of workers, students, financial services, the right of citizens to work, the common trade, agricultural policy, regional policy, financing of the EU budget. Because the Agreement limits the existing freedoms and scope of mutual cooperation, the aim of this Article is to analyse not only its provisions, but also the consequences that it will bring in terms of benefits and costs for the UK and the EU. The author uses a well-known non-Europe methodology in his research, taking into account the fact that things, which are now benefits of integration, could prove to be the costs of disintegration tomorrow. The costs and benefits of the Agreement should be assessed through the lens of the current costs and benefits of the UK’s membership of the EU. From this point of view, the implementation of the Agreement will bring higher alternative costs in the form of lower trade in goods and services, capital migration and workers in comparison with their volume, that can be achieved in the EU. The conducted analysis demonstrates that these costs will not be compensated by the savings from the UK contribution to the EU budget.

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