scholarly journals Brexit, EEA and the Free Movement of Workers: Structural Considerations on Flexibility

2016 ◽  
Vol 16 (2) ◽  
pp. 145-156
Author(s):  
Václav Stehlík
Keyword(s):  
United Kingdom ◽  
Internal Market ◽  
Free Movement ◽  
European Economic Area ◽  
European Economic ◽  
The United Kingdom ◽  
Economic Area ◽  
Free Movement Of Workers ◽  
The Uk ◽  
The Eu

Summary The article focuses on the regulation of the free movement of workers under Agreement on the European Economic Area in the light of the considered accession of the United Kingdom to this agreement after the Brexit takes place. The participation in the European Economic Area would keep the United Kingdom part of the EU internal market including the free movement of workers. The article tries to answer the question on the degree of flexibility in the EEA Agreement which would give space for the UK to pursue its own policies on the movement of workers. The article argues that structurally the EEA Agreement gives a space for some flexibility, however, only in case of very specific circumstances.

EU and UK nationals face uncertainty after Brexit

2017 ◽  
Keyword(s):  
United Kingdom ◽  
European Economic Area ◽  
Content Type ◽  
European Economic ◽  
The United Kingdom ◽  
Economic Area ◽  
Article 50 ◽  
The Uk ◽  
Movement Rules ◽  
Future Status

Significance There are over 3 million nationals of other European Economic Area (EEA) member states resident in the United Kingdom and approximately 1 million UK nationals living elsewhere in the EEA. Current EU free-movement rules mean their rights are very similar (although not identical) to those of citizens. However, their status after Brexit is unclear. Impacts This will be the first topic on the agenda for the Article 50 negotiations when they begin after the UK general election on June 8. Uncertainty about future status is already reducing the United Kingdom’s attractiveness to migrants from elsewhere in the EEA. This affects particularly the most highly skilled and mobile individuals. Securing agreement will require both sides to compromise; this will be an early test of the UK government’s willingness to make concessions.

Post-Brexit EU will focus on defence and security

2016 ◽  
Keyword(s):  
United Kingdom ◽  
Single Market ◽  
Free Movement ◽  
Integration Process ◽  
Security Cooperation ◽  
Content Type ◽  
Eu Member States ◽  
The United Kingdom ◽  
Free Movement Of Workers ◽  
The Eu

Subject The Bratislava summit. Significance Leaders of the EU-27 -- all EU member states except the United Kingdom -- held an 'informal' summit in Bratislava on September 16, aiming to demonstrate their shared resolve to move forward with the integration process in the wake of the Brexit vote. While leaders agreed to a roadmap of policy plans, they skirted around the most divisive issues facing the EU and did not agree on any significant new initiatives. Impacts EU governments again failed to agree to a workable plan to address the migrant crisis, rendering an EU-wide solution increasingly unlikely. Significant agreements on improved security cooperation may not be reached until well into 2017. The EU is likely to block any UK efforts to maintain its current access to the single market without allowing for free movement of workers.

EU-UK free movement compromise will need flexibility

2017 ◽  
Keyword(s):  
United Kingdom ◽  
Euro Area ◽  
White Paper ◽  
Free Movement ◽  
Eastern European ◽  
Content Type ◽  
The United Kingdom ◽  
The Uk ◽  
East West ◽  
The Eu

Significance The UK government says it is determined that free movement of people from the EU will end after Brexit. Impacts An upcoming immigration White Paper will provide greater clarity about the UK government’s approach. Proposals to reform the EU's Posted Workers Directive could trigger Eastern European opposition, deepening the east-west divide. Stricter post-Brexit UK immigration policies could lead to labour shortages and skills gaps in sectors such as agriculture and health. Improving euro-area economic prospects could encourage EU nationals living in the United Kingdom to return to the continent.

Mayday—Brexit

2021 ◽  
Vol 22 (3) ◽  
Author(s):  
Bertil Wiman
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Income Tax ◽  
European Economic Area ◽  
The European Union ◽  
Member States ◽  
European Economic ◽  
The United Kingdom ◽  
Economic Area

On 31 January 2020, the United Kingdom left the European Union Brexit. A number of tax consequences both in the United Kingdom as well as in other member States will follow from leaving as a member of the European Union and the European Economic Area. This Article analyzes some of the income tax consequences, from a Swedish perspective, that follow from Brexit.

scholarly journals The (Uncertain) Impact of Brexit on the United Kingdom's Membership in the European Economic Area

2017 ◽  
Author(s):  
Ulrich G. Schroeter ◽  
Heinrich Nemeczek
Keyword(s):  
European Union ◽  
European Economic Area ◽  
Implicit Assumption ◽  
The European Union ◽  
Business Law ◽  
European Economic ◽  
Eu Membership ◽  
Economic Area ◽  
The Uk ◽  
The Eu

Until recently, the on-going legal discussions about ‘Brexit’, the United Kingdom’s upcoming withdrawal from the European Union (EU), have predominantly focused on the requirements and consequences of the withdrawal procedure set out in Article 50 of the Treaty on European Union (TEU). A hitherto neglected, though arguably no less important question concerns the effect, if any, that a withdrawal from the EU will have on the UK’s membership in the European Economic Area (EEA): Given that the EEA extends many aspects of EU membership beyond the EU’s borders, resulting in a Common Market ‘light’, a future UK membership in the EEA could – at least from a European business law point of view – effectively result in ‘business as usual’, as a significant share of EU law would continue to apply to UK companies, albeit in form of EEA law.Against this background, it is interesting to note that legal analyses of Brexit generally assume that the UK’s EEA membership will be terminated ipso iure, should the UK decide to withdraw from the EU. According to this view, the UK subsequently could (re-)apply for EEA membership should its government so choose, with such an application having to be accepted by all remaining EEA Contracting Parties – an option commonly referred to as the ‘Norway option’ in reference to Norway’s status within the EEA. The present article challenges the underlying (and often merely implicit) assumption that the UK’s withdrawal from the EU will automatically result in its withdrawal from the EEA, given that the EEA Agreement is a separate international treaty subject to separate legal rules governing withdrawals and effects of possible changes in EU membership. It argues that a withdrawal from the EU will in fact not affect the UK’s continuing EEA membership, as long as the UK does not voluntarily choose to also withdraw from the EEA. It then analyses the post-Brexit situation under the EEA Agreement by addressing its practical application to a number of different areas, as inter alia the free movement of UK companies within the EEA, the future of the ‘European passport’ for UK credit institutions and investment firms, as well as the free (but possibly restrictable) movement of workers in the EEA.

scholarly journals Negotiating the UK's Post-Brexit Trade Arrangements

2016 ◽  
Vol 238 ◽  
pp. R22-R30 ◽  
Author(s):  
Peter Holmes ◽  
Jim Rollo ◽  
L. Alan Winters
Keyword(s):  
Trade Negotiations ◽  
Customs Union ◽  
European Economic Area ◽  
European Economic ◽  
Economic Area ◽  
The Uk ◽  
Trade Deals ◽  
The Eu

This paper considers the agenda for UK trade negotiations over the post-Brexit period. There are several groups of countries that will need to be dealt with and we consider the priorities among them. Negotiations with the WTO and the EU are the most important and the most pressing in time, and should be pursued simultaneously. On the former, the UK must try quickly to establish its independent WTO status, which will be greatly facilitated by minimising the changes it proposes to its tariffs schedules. On the EU the UK needs to consider the choices between remaining in the customs union, creating an FTA with the EU and maintaining the ‘regulatory union’ that is the European Economic Area (EEA). Only when relations with the EU and WTO are clear will it be feasible to negotiate trade deals of various sorts with other countries, ranging from those with which we already have deals via the EU to those that currently trade with us on ‘WTO rules’. All of this takes time and we argue that it may be worth pursuing transitional arrangements to extend certain current trading arrangements a few years beyond Brexit in order to make time for serious negotiations.

scholarly journals EEA IN THE BREXIT’ SHADOW

2021 ◽  
Vol 23 (5) ◽  
pp. 92-99
Author(s):  
Lyudmila Babynina ◽  
Keyword(s):  
European Union ◽  
European Economic Area ◽  
The European Union ◽  
British Government ◽  
National Elections ◽  
The United Kingdom ◽  
Economic Area ◽  
Close Cooperation ◽  
The Uk ◽  
The Eu

The article analyzes the Brexit’s impact on the functioning of the European Economic Area (EEA). Brexit renewed interest to EEA format, as one of the options for future relations between the United Kingdom and the EU. But so close cooperation under the control of the Union did not meet the interests of Britain, which chose the greatest distance from EU rules and regulations. For nonEU EEA countries (Norway, Iceland, Liechtenstein) Brexit entailed a visible political and economic shake-up. First, the fact of the country’s exit from the EU and the tough position of the British government contributed to the growth of Eurosceptic rhetoric in the non-EU EEA countries. Secondly, in connection with the withdrawal of the UK from all structures of the European Union, these countries had a need to sign new trade and fisheries agreements. These processes were of the greatest impact for Norway, as the most significant player in the EEA, a non-EU member. Analyzing these processes, the author comes to the conclusion that Brexit did not have a significant impact on the functioning of the EEA, but increased interest in various external formats of integration. In addition, the domestic political discourse has become more acute regarding the possible revision of the format of relations with the EU, especially in Norway, which is largely due to national elections,

scholarly journals La regulación del flujo de datos personales entre la Unión Europea y el Reino Unido tras el Brexit = The regulation of the flow of personal data between the European Union and the United Kingdom after Brexit

2020 ◽  
Vol 12 (1) ◽  
pp. 231
Author(s):  
Ana Gascón Marcén
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Personal Data Protection ◽  
The United Kingdom ◽  
Economic Area

Resumen: El objetivo de este trabajo es considerar qué ocurrirá cuando Reino Unido se convierta en un país tercero para la Unión Europea y cómo afectará esto a la libre circulación de datos personales que existía antes de su salida del mercado único digital. Se prestará especial atención al análisis de los mecanismos que permitirían continuar transfiriendo datos desde el Espacio Económico Europeo al Reino Unido y, en particular, la posibilidad de una decisión de adecuación y los problemas que puede encontrar.Palabras clave: protección de datos personales, Brexit, decisión de adecuación, Unión Europea, Reino Unido. Abstract: The objective of this paper is to consider what will happen when the United Kingdom becomes a third State for the European Union and how this will affect the free movement of personal data that existed before its exit from the digital single market. Special attention will be paid to the analysis of the mechanisms that would allow the transfer of data from the European Economic Area to the United Kingdom and, in particular, the possibility of an adequacy decision and the problems it may encounter.Keywords: personal data protection, Brexit, adequacy decision, European Union, United Kingdom

4. International Sources of Law

2019 ◽  
pp. 96-154
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
European Economic ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.

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