On the post-Brexit prospects for social policy in the UK

2017 ◽  
Author(s):  
Robert Pinker
Keyword(s):  
Social Policy ◽  
Intention To Leave ◽  
The European Union ◽  
Care Services ◽  
Health And Social Care ◽  
Legal Challenges ◽  
Keynote Speech ◽  
Article 50 ◽  
The Uk ◽  
The Eu

In this afterthought, Robert Pinker reflects on the prospects for social policy in the UK after Brexit. On 23 June 2016. the UK electorate voted to leave the European Union. The process of exiting the EU would commence right after the UK Government declared its intention to leave by triggering Article 50 of the Lisbon Treaty. Pinker discusses the debate in the UK regarding the kind of Brexit favoured by those who wanted to leave the EU — a ‘hard’ or a ‘soft’ one. He also considers the legal challenges to a fast-track Brexit, along with the Prime Minister's Lord Mayor's keynote speech promising to adopt a new approach to managing the forces of globalisation and the Chancellor's Autumn Statement on 23 November 2017. Finally, he looks at the funding crisis in UK health and social care services, the government's 12-point Brexit Plan, and the Supreme Court's rulings on Article 50.

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.

scholarly journals The right to withdraw the notification to leave the European Union under article 50 TEU: can we still save the marriage?

2019 ◽  
Vol 3 (2) ◽  
pp. 139-147
Author(s):  
Mariana Alvim
Keyword(s):  
European Union ◽  
Member State ◽  
Intention To Leave ◽  
Eu Law ◽  
The European Union ◽  
Central Question ◽  
Article 50 ◽  
The Uk ◽  
The Right ◽  
The Eu

Article 50 TEU has caused considerable interest following its introduction in EU law, but mostly since the UK voted in favour of leaving the Union, a vote that provoked its first ever activation. However, this Article raises a few unanswered questions, such as if a Member State that formally notifies to the European Council of its intention to leave the EU, can it subsequently change its mind about this decision during the two-year period established in the Treaty. In the first part of the article, I intend to put the notification to leave the European Union under Article 50 of the TEU in perspective, elucidating the steps that have to be taken, and to address the silent aspects of Article 50. In the second Part, I will assess if a Member State that triggers Article 50 TEU, can still withdraw the notification to leave, once Article 50 TEU is completely soundless in this respect, and in doing so answer the central question of this article: “Can we still save the marriage?”

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.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

Brexit Dilemma for the UK and the European Union

2020 ◽  
pp. 157-187
Author(s):  
Naib Alakbarov ◽  
Utku Utkulu
Keyword(s):  
Negotiation Process ◽  
The Other ◽  
The European Union ◽  
Negative Effects ◽  
British Prime Minister ◽  
Article 50 ◽  
The Uk ◽  
The Postponement ◽  
Theresa May ◽  
The Eu

On June 23, 2016, a referendum took place in the UK with 51.89% of voters voting in favor of the UK's exit from the EU. On March 29, 2017, British Prime Minister Theresa May formally notified the European Council of the intention of the UK to leave the EU in accordance with Article 50 of the EU Treaty. With this declaration of withdrawal, a period of two years contractually stipulated under Article 50 of the EU Treaty for the UK and the other EU-27 states has begun to negotiate an agreement on the details of withdrawal. But it was clear the negotiation process would be difficult because it is expected the UK leaving the EU will have negative effects on both. The postponement of the period of Brexit, which should have been officially realized on March 29, 2019, indicates that both parties want to avoid the unintentional Brexit. This chapter details the Brexit process. The possible effects of Brexit on both sides are investigated and different expectations of the parties from the Brexit process are explained.

Citizens’ Rights

2020 ◽  
pp. 107-130
Author(s):  
Catherine Barnard ◽  
Emilija Leinarte
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
The European Union ◽  
Court Of Justice ◽  
Scope Of Application ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter addresses the provisions of the Withdrawal Agreement dealing with the protection of citizens’ rights. It explains the scope of application and the content of the rights afforded to EU citizens in the UK and UK citizens in the EU after Brexit. The chapter also looks at the enforcement of citizens’ rights, both in the EU and the UK. While the rights of EU citizens already in the UK, and rights of UK citizens in the EU, are fairly generously protected under the WA, the mechanism for enforcement of such rights raises questions of effectiveness. Moreover, the special jurisdiction of the Court of Justice of the European Union (CJEU) concerning Part Two of the Withdrawal Agreement, while a logical outcome from the perspective of EU constitutional law, will disappoint those who supported the UK government’s insistence that ending the jurisdiction of the CJEU was one of the UK’s red lines during the Article 50 TEU negotiations.

Brexit: a challenge for the UK constitution, of the UK constitution?

2016 ◽  
Vol 12 (03) ◽  
pp. 409-444 ◽  
Author(s):  
Michael Gordon
Keyword(s):  
European Union ◽  
United Kingdom ◽  
General Election ◽  
The European Union ◽  
The United Kingdom ◽  
National Response ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and architecture – Brexit as an unprecedented event and the centrality of politics – constitutional factors contributing to the outcome of the referendum – concerns about sovereignty and the (im)possibility of a national response – potential implications of the referendum for the UK and for the EU

The UK Economy

2019 ◽  
Vol 247 ◽  
pp. F2-F2
Keyword(s):  
Student Loans ◽  
Inflation Expectations ◽  
List Type ◽  
The European Union ◽  
Public Deficit ◽  
Bank Rate ◽  
Bank Of England ◽  
Article 50 ◽  
The Uk ◽  
The Eu

The UK's future relationship with the European Union (EU) remains undecided even though the Article 50 exit date is less than two months away. Brexit uncertainty has intensified since our last forecast and is now evident in various indicators.Our main forecast is conditional on a ‘soft’ Brexit scenario. Under this scenario, GDP growth stabilises at around 1.5 per cent this year before recovering to 1.7 per cent in 2020. CPI inflation eases to the target level of 2 per cent over this period.We expect the Bank of England to raise Bank Rate by 25 basis points in August. We also expect the Chancellor to spend more than the latest OBR forecast. That, together with the reclassification of student loans in public deficit data, will mean that the Chancellor is set to breach the fiscal mandate.There is a chance that the UK exits the EU without a deal at the end of March. Policymakers will have more room to inject stimulus if inflation expectations remain anchored.

22. Joining, Leaving, Transitioning: The UK’s Relationship With the European Union

Public Law ◽  
2019 ◽  
pp. 794-835
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Transition Period ◽  
The European Union ◽  
Northern Irish ◽  
European Court ◽  
Stage Process ◽  
Irish Case ◽  
The 1960S ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter discusses the constitutionalization of EU law, which was led by the European Court of Justice from the 1960s using the twin principles of direct effect and supremacy. These principles were fully developed by the time the UK joined the European Community in 1973. The chapter will examine the UK’s accession process with particular reference to the European Communities Act 1972 before turning to the complex three-stage process of withdrawing from the EU. In that context, the 2016 referendum, Article 50 TEU, and the UK Supreme Court’s hearing of the English case of Miller and the Northern Irish case of McCord and Agnew, will be considered. In addition, the chapter will focus on the constitutional status of the Withdrawal Agreement, the transition period, and the constitutional importance of Northern Ireland for the current and future relationship between the UK and the EU.

2. The EU institutions

2020 ◽  
pp. 33-60
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Member State ◽  
European Central Bank ◽  
Transition Period ◽  
The European Union ◽  
European Central ◽  
Article 50 ◽  
The Uk ◽  
Council Of Ministers ◽  
The Eu

This chapter discusses the different institutions that make up the ‘EU government’. It begins by explaining the Article 50 TEU (Treaty of European Union) process, which sets out how a Member State can leave the EU. The chapter then describes the European Council, the European Commission, the Council of Ministers, the European Parliament, and the Court of Justice of the European Union (CJEU). The two other EU institutions set out in Article 13 TEU include the European Central Bank and the Ombudsman. The chapter then considers how the roles of the EU institutions in the UK will change over the next few years following Brexit. It studies the Withdrawal Agreement and assesses what happens after the so-called transition period.

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