scholarly journals A Knot Not to Be Cut? The Legacy of Brexit over the CJEU

2021 ◽  
Vol 9 (1) ◽  
pp. 27-36
Author(s):  
Marta Simoncini ◽  
Giuseppe Martinico
Keyword(s):  
European Union ◽  
Transition Period ◽  
The European Union ◽  
Advocate General ◽  
Court Of Justice ◽  
The Uk ◽  
The Impact ◽  
Structure And Activity ◽  
The Eu

What was the role of the Court of Justice of the European Union (CJEU) in the Brexit saga? And what will the impact of Brexit be over the future structure and activity of the CJEU? This article deals with this twofold question and explores three different issues. Firstly, we will offer a reflection on the questions and the risks raised by the Wightman case, where the CJEU ruled on the unilateral revocation of the UK notification of its intention to withdraw from the European Union under Art. 50 Treaty of the EU. Secondly, we will analyse the impact of Brexit on the composition of the CJEU and, particularly, the risks for the independence of the Court raised by the advanced termination of the mandate of the British Advocate General. Thirdly, we will provide some insights on the scope of the jurisdiction of the CJEU in the post-Brexit Union, emphasising how the Withdrawal Agreement maintained its jurisdiction during and even beyond the transition period. This article reflects the events that took place up to 6 October 2020.

Brexit and Private International Law

2020 ◽  
Author(s):  
Kristina Salibová
Keyword(s):  
European Union ◽  
Transition Period ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
The United Kingdom ◽  
English Law ◽  
Energy Community ◽  
The Impact

My contribution deals with the issue concerning the question arising on the applicable law in and after the transition period set in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The aim of this contribution is to analyze how the English and European laws simultaneously influence one another. This analyzation will lead to the prognosis of the impact Brexit will have on the applicable English law before English courts and the courts of the states of the European Union. The main key question is the role of lex fori in English law. Will English law tend to return to common law rules post-Brexit, and prefer the lex fori?

The Scottish Conservatives and Europe: The Reluctant Brexit Party

2020 ◽  
pp. 169-181
Author(s):  
Anthony Salamone
Keyword(s):  
European Union ◽  
Conservative Party ◽  
Political Context ◽  
The European Union ◽  
House Of Commons ◽  
Future Prospects ◽  
Four Dimensions ◽  
The Uk ◽  
The Impact ◽  
The Eu

As Scottish Conservative leader, Ruth Davidson was a prominent campaigner for a ‘Remain’ vote in the European Union referendum of June 2016. Following the 2017 general election, meanwhile, Davidson repositioned herself as someone who could – aided by 13 Scottish Tory MPs in the House of Commons – influence the Brexit negotiations and nudge the UK Conservative Party towards a ‘soft’ rather than ‘hard’ deal with the EU. This chapter considers the impact of Brexit on the Scottish Conservatives during the leadership of Ruth Davidson in four dimensions: Brexit’s distinct Scottish political context, its electoral consequences, the conduct of Brexit within the UK, and the Brexit negotiations themselves. It concludes with reflections on the future prospects for the Scottish party in light of all four dimensions.

3. Law-making: authority and process

2019 ◽  
pp. 27-72
Author(s):  
Martin Partington
Keyword(s):  
European Union ◽  
Detailed Account ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Principle ◽  
Legislative Procedure ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union and the Council of Europe are considered. The impact of Brexit is also considered.

11. Financial crime

2019 ◽  
pp. 420-451
Author(s):  
Jeremy Horder
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Criminal Law ◽  
Financial Crime ◽  
The European Union ◽  
Home Office ◽  
Corporate Activity ◽  
The Uk ◽  
The Impact ◽  
The Eu

This chapter examines three major examples of financial crime: fraud, bribery, and money laundering. The importance of financial crime, and of vigorous prosecution policies in relation to it, should not be underestimated. Fraud accounts for no less than one third of all crimes captured by the Crime Survey for England and Wales. The European Union Parliament has estimated that corruption costs the EU between €179 and €990 billion each year. Finally, the Home Office estimates that the impact of money laundering on the UK economy is likely to exceed £90 billion. An understanding of these crimes, and in particular the way that they reflect corporate activity, is nowadays essential to the study of criminal law.

BENEFITS FOR EU CITIZENS: A U-TURN BY THE COURT OF JUSTICE?

2015 ◽  
Vol 74 (2) ◽  
pp. 195-198 ◽  
Author(s):  
Steve Peers
Keyword(s):  
European Union ◽  
Social Welfare ◽  
Member State ◽  
Eu Law ◽  
The European Union ◽  
Welfare Benefits ◽  
Court Of Justice ◽  
Uk Government ◽  
The Uk ◽  
The Eu

THE recent judgment of the Court of Justice of the European Union in the case of Dano (ECLI:EU:C:2014:2358) clarified some important points as regards access to social welfare benefits by EU citizens who move to another Member State. Furthermore, the judgment could have broad implications for any attempts by the UK Government to renegotiate the UK's membership of the EU, which is likely to focus on benefits for EU citizens coming to the UK. This note is an updated and expanded version of my analysis on the EU Law Analysis blog: http://eulawanalysis.blogspot.co.uk/2014/11/benefit-tourism-by-eu-citizens-cjeu.html.

scholarly journals The Political Role of the European Court of Justice: How the EU Institutional Thresholds Shield the Integrationist Power of the Court

2019 ◽  
pp. 195-212
Author(s):  
Roberto Reyes Izquierdo
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Legislative Process ◽  
The European Union ◽  
Political Role ◽  
Fundamental Factor ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The aim of this paper is to analyse how the European Court of Justice (ECJ) has been a fundamental factor in the integration process of the European Union, in spite of the obstacles posed by the intergovernmental dynamics that have traditionally hindered the construction of a stronger, cohesive and more integrated Europe. Important principles such as direct effect or supremacy of EU law have been developed through ECJ rulings and case law, even when such principles were not literally foreseen in the foundational Treaties. Therefore, this paper argues that the role and power of the Court as an “indirect law-maker” have been essential for the construction of the European Union, and this has been possible due to the complexities and weaknesses of the legislative process involving the three main decision-makers: the Commission, the Council of the EU, and the European Parliament.

scholarly journals L’invalidità del Safe Harbor Agreement

2018 ◽  
Author(s):  
Fabiana Accardo
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Safe Harbor ◽  
The European Union ◽  
Court Of Justice ◽  
The Us ◽  
Data Protection Law ◽  
The Impact ◽  
The Eu

The purpose of this article is that to explain the impact of the landmark decision Schrems c. Data Protection Commissioner [Ireland] - delivered on 7 October 2015 (Case C-362/2014 EU) by the Court of Justice - on the European scenario. Starting from a brief analysis of the major outcomes originated from the pronunciation of the Court of Justice, then it tries to study the level of criticality that the Safe Harbor Agreement and the subsequently adequacy Commission decision 2000/520/EC – that has been invalidated with Schrems judgment – have provoked before this pronunciation on the matter of safeguarding personal privacy of european citizens when their personal data are transferred outside the European Union, in particular the reference is at the US context. Moreover it focuses on the most important aspects of the new EU-US agreement called Privacy Shield: it can be really considered the safer solution for data sharing in the light of the closer implementation of the Regulation (EU) 2016/679, which will take the place of the Directive 95 /46/CE on the EU data protection law?

scholarly journals Trade and Cooperation Agreement Between the EU and the UK: Conditionality Versus Sovereignty

2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  
Keyword(s):  
European Union ◽  
Transition Period ◽  
Trade Agreement ◽  
Economic Losses ◽  
Customs Union ◽  
The European Union ◽  
Cooperation Agreement ◽  
British Case ◽  
The Uk ◽  
The Eu

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.

scholarly journals Spain

2021 ◽  
Author(s):  
Adriana Skorupska
Keyword(s):  
European Union ◽  
State Government ◽  
State Level ◽  
Regional Level ◽  
The European Union ◽  
Autonomous Communities ◽  
Government Relations ◽  
The Impact ◽  
The Eu

One objective of this chapter is to characterize the activities between Spanish communities and Chinese provinces and cities – their intensity, scope, advantages and obstacles that they face. The question relates to a broader perspective – the bilateral state government relations and the EU-China cooperation: is there any correlation between the relations at the state level and the regional level? Moreover, one of the ultimate goals of the whole project is to analyse the impact of the EU-China relations on paradiplomacy. Do the autonomous communities see any role of the EU in their activities with Chinese partners? Do they need any support from the European Union to have more intense or effective cooperation with this Asian partner?

The Impact of the Court of Justice of the European Union on the Georgian Legal System

2020 ◽  
pp. 241-262
Author(s):  
Gaga Gabrichidze
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Policy ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
The Eu

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.

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