Onwards and Upwards

2021 ◽  
pp. 305-319
Author(s):  
Alex Brummer

This chapter recounts how Britain voted to leave the EU in June 2016, in which very few people envisaged the long timescale involved in navigating its departure. It cites the paralysis of national decision-making and the scale and the passion on both sides that were not anticipated during the battle to reverse the result of the referendum. It also talks about the December 2019 election that brought Boris Johnson back to Downing Street, which should have allowed a line to be drawn under uncertainty and signalled the start of a healing process. The chapter analyses the Brexit disarray on all sides of the political and economic divide that became less relevant as a second referendum had been blocked. It highlights interventions of the UK government to put the economy on hold or in hibernation, so that when the pandemic has passed the economy can be brought back to life.

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):  
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.


EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

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. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.


2020 ◽  
pp. 61-87
Author(s):  
Sylvia de Mars

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.


2019 ◽  
Vol 21 (3) ◽  
pp. 219-225
Author(s):  
Colin T. Reid

During the UK’s membership of the EU, the EU structures have provided a degree of external oversight, ensuring that environmental obligations are fulfilled. To fill the gaps left by the removal of these structures, the different parts of the UK are currently developing their own proposals for environmental principles and governance, which are briefly outlined. The different national schemes adopt different approaches and have to fit into different legal and policy backgrounds. Although collaboration is desirable it seems unlikely to be achieved, if only because of the different timescales for turning proposals into action. Progress with the different national schemes may be disrupted by the need to meet any commitments made by the UK government in international agreements. These agreements may include environmental provisions, and the “Backstop” to the Withdrawal Agreement between the UK and the EU contains substantial commitments on environmental governance. Some firm suggestions are made for enhancing future collaboration.


Subject Shale gas in Europe. Significance Companies in England are preparing to recommence fracking at several sites with the enthusiastic support of the UK government. However, the Scottish Parliament on October 24 voted to ban fracking, underpinning the opposition to the exploration and development of shale gas in Europe. Impacts The Scottish government’s decision may damage its relationship with some of the country’s few remaining industrial players, notably INEOS. Even if English projects are successful, it will take years for the industry to make a significant contribution to UK energy needs. The EU could take greater responsibility for regulating shale gas development after Brexit.


Significance This comes after the Telegraph reported last week that Soros had donated 400,000 pounds to the group. There is an ongoing debate as to whether the United Kingdom will in fact leave the EU. Central to it is the question of whether the UK government can unilaterally revoke its decision to trigger Article 50 in March 2017. Impacts Voters would be less likely to support the revocation of Article 50 if the Council imposed conditions that made membership less attractive. Revoking Article 50 and remaining in the EU would reduce damage to the UK economy. If Article 50 is revocable, Eurosceptic governments could be tempted to use the prospect of triggering it as leverage in EU negotiations.


Significance For the first time, there is a sustained increase in support for Scottish independence. The main reasons include dislike of UK Prime Minister Boris Johnson and his cabinet north of the border, the UK government’s pursuit of a ‘hard’ Brexit and questions about its response to the COVID-19 pandemic. Impacts Soaring Scottish unemployment when the UK furlough schemes end would undermine London’s claim to be protecting Scottish jobs. Rising support for Scottish independence could prompt the UK government to seek a closer trade agreement with the EU. The UK government will be unable to conceal the economic impacts of Brexit under the economic fallout of COVID-19. A Scottish vote for independence would put huge pressure on the UK government to resign and call early elections.


Subject UK-EU trade talks. Significance The United Kingdom will leave the EU on January 31, 2020, but will abide by EU rules as part of the transition period, which runs to December 31, 2020. During this limited period of time, London and Brussels will seek to negotiate a permanent trading relationship. While the transition deadline can be extended, the UK government has committed not to seek an extension. Impacts The impact of no trade deal or a 'thin' one may force the UK government to increase taxes in order to meet spending pledges. UK financial services will rely on an equivalence deal with the EU; London hopes to agree this by mid-2020. The EU’s future trade policy will focus on having stronger sanction powers as well as legal ones for those that unfairly undercut EU firms.


Subject UK foreign policy. Significance Last week the EU and United Kingdom published their negotiating objectives for the future relationship. The European Commission’s negotiating mandate largely reflects the Political Declaration, including a desire for close formal cooperation in defence, security and foreign policy. The United Kingdom’s objectives indicate that it wants less formal cooperation as it seeks to de-institutionalise its relationship with the bloc. Impacts The economic impact of Brexit could cut the size of the UK defence budget, which has already fallen more than 10% in real terms since 2010. The absence of formal channels of EU-UK cooperation and coordination could result in a weakening of the EU’s sanctions regime on Russia.  The re-election of US President Donald Trump would herald a further four years of transatlantic tensions.


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