scholarly journals ES piliečių, turinčių nuolatinio gyventojo statusą Jungtinėje Karalystėje, teisė gyventi kartu su šeimos nariais po „Brexit“

2020 ◽  
pp. 145-163
Author(s):  
Monika Bučinskaitė ◽  
Deivydas Nikartas

This paper analyses the impact of the United Kingdom withdrawal procedure on the rights of EU citizens with permanent residence status in the United Kingdom to live with their family members in the country after Brexit and the legal challenges and perspectives arising from this procedure. It provides an overview of the international and national regulatory frameworks for the free movement of persons, and analyses possible models of relations between the United Kingdom and the EU after Brexit in relation to this fundamental freedom. The research focuses on the rights of people working in the United Kingdom to live with their family members and provides prospects for future legal regulation once the United Kingdom is no longer a member of the EU.

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.


2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.


Subject UK immigration outlook. Significance Under most Brexit scenarios, freedom of movement between the United Kingdom and the EU-27 will end in December 2020. This will require the United Kingdom radically to reform its immigration policy, both towards EU citizens and, to a lesser extent, non-EU citizens. Impacts Immigration reductions will have a small negative impact on UK public finances, even considering the reduced pressure on public services. There will be some increase in non-EU migration, especially of relatively well-paid workers. There may be some upward pressure on wages in specific sectors, although the overall impact on real wages is likely to be small. A change of prime minister may reduce immigration policy restrictiveness, mitigating the impact without altering the direction of travel.


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 The impact of Brexit on the English-speaking Caribbean. Significance The Caribbean is a region with strong links to the United Kingdom that will be affected significantly by the UK voters' decision to leave the EU ('Brexit'). The region includes sovereign and non-sovereign countries and both groups will be affected, albeit in different ways. Impacts Caribbean concerns will not be a priority for either the United Kingdom or the EU. Uncertainty may further undermine already weak regional economies. CARICOM will need a new trade accord with the United Kingdom, its main export market.


Subject The impact of Brexit on the civil service. Significance With the formal second reading of the EU Withdrawal Bill in parliament today, UK MPs will start to debate the legislation rescinding the United Kingdom's membership of the EU. London's reluctance to clarify its negotiating position during the Brexit talks with Brussels has led to accusations that the United Kingdom is unprepared for such a complex process, not only politically but administratively, too. Impacts A lack of experienced trade negotiators will hamper the United Kingdom’s ability to conclude trade deals after it has left the EU. Stricter immigration rules for EU nationals would increase the workload of the civil service further. The United Kingdom’s perceived unpreparedness could lower EU trust and confidence.


Subject The impact of Brexit on northern European countries. Significance The United Kingdom's vote to leave the EU presents a particular challenge to northern EU countries -- some of which are, like the United Kingdom, not members of the euro-area -- as they will lose a powerful ally for a more competitive, fiscally disciplined and globally oriented EU. Impacts Brexit could accelerate a closer economic, financial and fiscal integration of the euro-area, which many non-euro-area capitals oppose. Brexit could widen the gap between an 'inner circle' of euro-area members and a periphery of non-euro ones. The loss of UK contributions to the EU budget means that the burden shouldered by northern EU countries, all net contributors, will rise.


Subject The impact of the recent money laundering scandal. Significance Danske Bank has lost 28,000 private customers in Denmark between January and June 2018, Reuters reported on August 14. The unfolding money-laundering scandal at Danske Bank’s Estonian branch has sparked a criminal investigation and put the failings of financial supervision under the spotlight in both Estonia and Denmark. Danske Bank, Denmark’s largest lender, has shut down its Estonian operations. The process will be costly for Danske Bank in terms of both money and reputation. It also serves to draw further attention to illicit flows from former Soviet states to the EU. Many countries, including the United Kingdom, have already tightened their legislation accordingly. Impacts The bank will find it more difficult to expand its operations outside its traditional geographical territories. Tighter EU regulations against money-laundering will increase banks’ compliance costs. Some market segments, such as non-resident operations, may become just too costly to service.


2018 ◽  
Vol 20 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Annegret Engel ◽  
Ludivine Petetin

This article analyses the impact of Brexit on devolved competences in environmental protection. It maps the post-Brexit division of the United Kingdom (UK)’s internal (devolved) and external (international) competences and how this may shift when competences are returned from the European Union (EU). Crucially, the article suggests that certain of these EU powers do not simply derive from the EU but are, in fact, already held by the devolved regions in accordance with the principle of subsidiarity. Consequently, devolved competences are under threat of being pre-empted as the UK seeks to harmonise otherwise fragmented policies and legislation to comply with obligations at international level. This conundrum is illustrated here using a case study on genetically modified crop cultivation, which identifies the conflicts in the UK’s proclaimed strategy post-Brexit between international obligations and devolved competences and the legal challenges this entails.


Subject Outlook for UK-EU trade deals. Significance Following the 'Brexit' referendum, a statement from EU Trade Commissioner Cecilia Malmstrom that the United Kingdom must negotiate its EU exit before concluding a trade deal alters assessments of future trading conditions across the English Channel. Even if the United Kingdom were to retain access to the single market or negotiate a free trade area with the EU, UK-EU trade is likely to be governed solely by WTO rules for many years. Impacts Given the UK government's lack of trade negotiators, the private sector could shape the country's negotiating positions. For UK exporters with domestic suppliers, the impact of tariffs on EU shipments will be mitigated by the pound's depreciation. However, the beneficial impact of the latter is reduced for UK exporters that source from abroad.


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