scholarly journals The British-Irish Border in the Context of Brexit

2020 ◽  
pp. 229-242
Author(s):  
Grzegorz Balawajder
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
System Analysis ◽  
Comparative Method ◽  
Border Crossing ◽  
Free Movement ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk

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.

scholarly journals Brexit and the union: Territorial voice, exit and re-entry strategies in Scotland and Northern Ireland after EU exit

2021 ◽  
pp. 019251212199054
Author(s):  
Nicola McEwen ◽  
Mary C Murphy
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
The European Union ◽  
Strategic Choices ◽  
The United Kingdom ◽  
Entry Strategies ◽  
The Uk ◽  
Institutional Actors

This article examines the effects of Brexit on the internal boundaries and territorial future of the United Kingdom (UK). Divergent Brexit preferences, coupled with the process of negotiating and preparing for Brexit, have raised new questions about the ability of the UK to remain united. Focusing upon Scotland and Northern Ireland, where territorial challenges are most acute, the article draws upon and adapts Hirschman’s voice, exit and loyalty framework to examine the strategic choices and options faced by institutional actors in each case when determining constitutional and political options in response to Brexit. The article contends that, while credible exit threats were used to bolster voice in the Brexit negotiations, the Brexit vote and subsequent process have exposed the limitations of territorial voice, and unleashed new exit dynamics. We enhance the framework by exploring the concept of re-entry, exploring the contrasting paths these territories would face to re-enter the European Union (EU).

7. The structure of the United Kingdom and devolution

2020 ◽  
pp. 142-172
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
The European Union ◽  
Constitutional History ◽  
The United Kingdom ◽  
The People ◽  
History Of ◽  
The Creation ◽  
The Uk

This chapter discusses the structure and devolution of the UK. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to the creation of the UK, ie the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the ‘English Question’, and the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, and the devolution provisions in the European Union (Withdrawal) Act 2018.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

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.

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

2020 ◽  
Author(s):  
Radovan Malachta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transitional Period ◽  
Mutual Trust ◽  
The European Union ◽  
Member States ◽  
International Convention ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Uk

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.

United Kingdom/Norway

2021 ◽  
Vol 36 (1) ◽  
pp. 155-164
Author(s):  
Richard Barnes
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Sustainable Management ◽  
The European Union ◽  
Framework Agreement ◽  
The North ◽  
The United Kingdom ◽  
The North Sea ◽  
The Uk ◽  
Insight Into

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.

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.

Preservative or Transformative? Theorizing the U.K. Constitution Using Comparative Method

2020 ◽  
Vol 68 (2) ◽  
pp. 412-440
Author(s):  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Comparative Method ◽  
The State ◽  
Power Sharing ◽  
The European Union ◽  
Multilevel Systems ◽  
The United Kingdom ◽  
Comparative Constitutional Law ◽  
The Stability

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.

scholarly journals Covid-19 and labour law in the United Kingdom

2020 ◽  
Vol 11 (3) ◽  
pp. 332-346
Author(s):  
David Mangan*
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Union Member ◽  
Prime Minister ◽  
The European Union ◽  
Labour Law ◽  
The United Kingdom ◽  
The Government ◽  
The Uk ◽  
European Union Member States

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.

SOCIAL RIGHTS OF THE POLES IN THE UNITED KINGDOM AFTER BREXIT

2020 ◽  
Vol 556 (7) ◽  
pp. 12-17
Author(s):  
Paweł Kaleta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Transition Period ◽  
Point Of View ◽  
Social Rights ◽  
The European Union ◽  
The United Kingdom ◽  
The Social

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit) has definitely been bringing various consequences in the field of social security. It is therefore worthwhile to analyse it from the point of view of the social rights of Poles residing in the United Kingdom (as well as, in a comparative and auxiliary manner, of the British residing in Poland), following the formal conclusion of the withdrawal. The article therefore synthetically presents this current, post-Brexit situation, taking into account the ongoing transition period as well as the perspective of negotiations on the possible agreement(s) on future EU-UK relations. Notably, the rights in question have been preserved in the transition period, but their status afterwards remains open.

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

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.

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