scholarly journals BREXIT FROM THE LEGAL POINT OF VIEW

2017 ◽  
Vol 3 (4) ◽  
pp. 141-152 ◽  
Author(s):  
И. Чернышова ◽  
I. Chernyshova
Keyword(s):  
Legal System ◽  
Political Process ◽  
Point Of View ◽  
Political Life ◽  
The Political ◽  
The European Union ◽  
Political Aspect ◽  
The Government ◽  
The Uk ◽  
The Eu

In June 2016 the referendum on the minimum majority of votes of British citizens supported a British exit from the European Union, from that moment began the formal process of so-called “Brexit” — a unique event in the political life of the EU and the UK. Apart the political aspect, Brexit also is a difficult challenge for legislators, academics and lawyers both in the EU and in the UK. Over the last forty years, the legislative system of the EU and the UK are closely intertwined and now constitute a single legal system. The notice of withdrawal from the EU has caused differences which led to the consideration of the functions and powers of the government in court. This article discusses how participants of the legal process of brexit (legislators, academics and lawyers) approach to solving this problem: background, development process, proposed legislation and the reaction to it from the professional legal community with the view of the political process and the preparations for the negotiations on the exit procedure and further cooperation. In the article, the procedure and consequences of the brexit are considered from the European and British points of view. The key legislative act defining the brexit consequences for the legal system in the UK will be the Bill on the Great Cancellation, which determines the order of separation of the British legal system from Europe. The article also includes a brief review of the brexit effects for individual areas of British law.

scholarly journals Media support and its influence on the results of the referendum in Britain’s exit from the EU

2020 ◽  
pp. 102-114
Author(s):  
Yana Kybich
Keyword(s):  
European Union ◽  
Driving Forces ◽  
Political Process ◽  
British Society ◽  
The Political ◽  
The European Union ◽  
Binary Oppositions ◽  
The Media ◽  
The Uk ◽  
The Eu

June 2016 was marked by a landmark event - the so-called Brexit (literally from Britain’s exit ) – a referendum in which 52% of the population voted for the withdrawal of the United Kingdom from the European Union and only 48% - against. The significant changes that took place in the UK in the summer of 2016, finally split British society into those who are for and against leaving the European Union. The British media acted as a platform for political debates and discussions on the key issue of Britain’s stay in the EU. The most powerful media conglomerate, of course, had a decisive influence on the mood of those who voted, intensifying social polarization, which was reflected in the results of the fateful referendum. Elements of the British media played a key role in the debate over the referendum on the country’s membership in the European Union. The exit vote was influenced by a long campaign against the EU and against migration from EU countries. Throughout the campaign, virtually all media are in flagrant violation of journalistic standards of objectivity, fairness, and accuracy, becoming essentially propaganda bodies. The relevance of the study is due to the fundamental changes in British society related to the Brexit process, as well as the importance for politicians and the public of understanding public opinion and the media about Brexit. In addition, it is important to see how the view of Brexit has changed. It is necessary to find out the benefits, priorities and understanding of different scenarios, the driving forces behind these attitudes, and whether they change in response to statements and remarks by politicians and public figures. Britain’s withdrawal from the European Union is important for the whole world, as it affects the changing geopolitics of the whole of Europe. This topic is important for understanding the study of the political preferences of British society and the British media during the Brexit process. It can be stated unequivocally that both Brexit and the subsequent US election campaign in 2016 showed another example of skillful speculation in facts and figures, the successful creation and dissemination of unverified “viral information” through the media, which in the era of telecommunications has become a particularly effective tool for manipulation of public sentiment. The example of Brexit has demonstrated how to take the success of such campaigns to a new level, using all types of media (from traditional to electronic, including social networks), through which you can introduce into society binary oppositions that divide it, to introduce into the information space certain political figures, to popularize the necessary moods and slogans, to simplify the political process to the level of a show.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

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.

scholarly journals Crisis?: What (Type) of Crisis? The overlapping problems of the European Union

2014 ◽  
Vol 22 (50) ◽  
pp. 33-48 ◽  
Author(s):  
Kai Lehmann
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Future Development ◽  
Political Process ◽  
European Population ◽  
The Political ◽  
The European Union ◽  
Current Crisis ◽  
The Future ◽  
The Eu

It is common today, even in the European media, to treat the current crisis of the European Union almost exclusively as an economic crisis. The present article pretends to show that such a focus is not only wrong but is indeed dangerous for the future development of the European Union as a whole. The article will argue that the present economic crisis simply aggravated – and a lot – a crisis of legitimacy through which the European Union has been passing for some time. Showing that the anti-European tendencies which are spreading throughout the countries of the continent threaten the very future of the European project, the article will make suggestion on reforms for the future development of the EU, alerting to the necessity to finally elaborate once again a coherent argument for the continuation of the European integration process which puts the European population at the heart of the political process instead of just austerity.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

scholarly journals A balanced approach: Brexit from political and business perspectives

2019 ◽  
Vol 13 (1) ◽  
pp. 804-816
Author(s):  
Răzvan Hoinaru ◽  
Mihnea Năstase
Keyword(s):  
European Union ◽  
International Relations ◽  
Value At Risk ◽  
Risk Sharing ◽  
Integrated Approach ◽  
Point Of View ◽  
Business Strategies ◽  
The European Union ◽  
The Uk ◽  
The Eu

Abstract There is a considerable amount of publications written on rolling back the EU supra state, national sovereignty regain, and strategic (mis)conceptions for analysing Brexit scenarios for both the UK and the EU. Many articles present a unilateral point of view with a tendency to be normative. The presentation of only one-sided political, historical, and business perspectives can be very dangerous, limiting understanding and constructive approaches. This also happens with macro-economic analyses that are used fit for purpose. David Cameron’s political calculation to call for a referendum regarding the UK’s withdrawal from the European Union has had complex ramifications. With causes that have led to the British citizens’ decision that range from multiple crises in the European Union, member states’ inability for burden and risk sharing, to the lack of trust portrayed by European institutions and a confusing internal rhetoric. With a City of London remaining undecided and continuously evaluating the value at risk of Brexit, and in the absence of a new European financial center, it is important to make sense of the arguments of both in and out supporters. Thus, this article attempts to present a more integrated approach, spanning across politics, trade, private businesses and social attitudes. This paper looks beyond international relations between nations and takes into consideration the international relations between corporations and their business strategies.

scholarly journals Konsekwencje brexitu dla finansów Unii Europejskiej

Studia BAS ◽  
2021 ◽  
Vol 3 (67) ◽  
pp. 133-152
Author(s):  
Kamil Kotliński
Keyword(s):  
Point Of View ◽  
Additional Contribution ◽  
The European Union ◽  
Investment Bank ◽  
European Central ◽  
The Third ◽  
The Uk ◽  
European Investment ◽  
The Eu ◽  
Budget Revenue

The aim of the article is to identify the consequences of Brexit from the point of view of the EU finances. The first section focuses on the share of member states in the EU budget revenue. The author attempted to estimate the additional contribution of each member state. The second section briefly shows in which EU programmes the UK still takes part. The third section concentrates on the adjustment of the shares in the capital of the European Investment Bank and the European Central Bank to the reduced number of shareholders. The next part discusses the budgetary correction mechanisms as a historical remnant of the British rebate. In the last section the author describes the Brexit Adjustment Reserve, which supports regions and sectors most affected by the United Kingdom’s withdrawal from the European Union.

Subsidiarity as a Subject of Battle in European Union Politics

2020 ◽  
Author(s):  
Kees van Kersbergen ◽  
Bertjan Verbeek
Keyword(s):  
European Union ◽  
Power Relations ◽  
Political Process ◽  
Maastricht Treaty ◽  
Lisbon Treaty ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Over Time ◽  
The Eu

Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.

15. Review of Legality: Access

EU Law ◽  
2020 ◽  
pp. 540-575
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6). The UK version contains a further section analysing the relevance of legal challenge to EU norms in relation to the UK post-Brexit.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
Legal System ◽  
Working Relationship ◽  
Eu Law ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

PULLING A TRIGGER OR STARTING A JOURNEY? BREXIT IN THE SUPREME COURT

2017 ◽  
Vol 76 (2) ◽  
pp. 217-223
Author(s):  
David Feldman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Foreign Relations ◽  
The European Union ◽  
The Supreme Court ◽  
Legal Challenges ◽  
The Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

FOLLOWING a referendum on 23 June 2016 in which 52% of voters (38% of the total electorate) had expressed a preference for the UK to leave the EU, the Government announced that it would start the process of withdrawal, in accordance with Article 50 of the Treaty on European Union (“TEU”), by notifying the European Council of the UK's decision, exercising the Government's prerogative power to conduct foreign relations. A number of legal challenges were fast-tracked to the Supreme Court. In R. (Miller) v Secretary of State for Exiting the European Union (Birnie and others intervening) [2017] UKSC 5; [2017] 2 W.L.R. 583 after an expedited hearing, the Court decided two issues: (1) whether the Government could exercise its power under the royal prerogative to give notice, or needed an Act of Parliament to authorise the giving of notice; and (2) whether the Government required the consent of devolved legislatures in Northern Ireland, Scotland and Wales before giving notice or introducing to Parliament a Bill authorising the giving of notice. The Court sat unprecedentedly with all 11 serving members. On issue (1), the Court, by an 8–3 majority, held that an Act of Parliament would be required in order to authorise the giving of notice. On issue (2), the Court unanimously held that there was no legal requirement for consent by the devolved institutions.

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