scholarly journals Introduction

2021 ◽  
pp. 19-21
Author(s):  
Beatriz Pérez de las Heras

The conclusion of the trade agreement with United Kingdom, the post-Covid 19 recovery plans, the vaccination process and the launch of the Conference on the Future of Europe are some of the relevant events that have determined the first months of 2021 in the European Union (EU). In this evolving and changing context in which uncertainty is opening way to hope, the EU continues to face major challenges that are not new and will persist in the post-Covid era, among them climate change, external border management, immigration and threats to international security.

Author(s):  
Sylwia Majkowska-Szulc

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.


2018 ◽  
Vol 5 (3-4) ◽  
pp. 9-15
Author(s):  
Serhii Rudko

The article highlights one of the main issues related to the UK's withdrawal from the European Union, Northern Ireland’s new status, in particular, the status of the border between NI and the Republic of Ireland. It has been an ‘apple of discord’ from the first stage and during the last stage of the Brexit negotiations. The future ‘hard’ or ‘soft’ Irish-British border is not a problem in the negotiations between the United Kingdom and the European Union only, but is also a serious domestic political challenge for Theresa May’s government. The article explains possible models of the future status of Northern Ireland. The most probable solutions are: a ‘reverse Greenland’, a ‘reverse Cyprus’ and a ‘German version’. Following the Good Friday Agreement of 1998, the EU invested heavily in supporting border communities for the development of small business and industry, which improved the economic situation in the area of the former conflict and facilitated border dialogue. However, it led to the fact that many enterprises were oriented towards the EU market or border trade. The article concludes that the ‘reverse Greenland’ model would enable Northern Ireland to remain in the single market and customs union apart from the rest of Great Britain, which would prevent the establishment of a tight boundary between both Irelands. The author outlined the possible implications of the ‘reverse Cyprus’ model, which suggests that the United Kingdom would technically remain a part of the EU, and that the EU’s legislation would be suspended only on its separate parts (that is, Wales and England). The researcher emphasizes that the ‘German version’ could be applied in the case of future reunification of both Irelands, then Northern Ireland would remain a part of the EU until its new status on the referendum have been resolved. The article summarized that no examples above provide a precise analogy, since Brexit is unprecedented event. The most likely models of the Northern Ireland’s future are the ‘reverse Greenland’ and the ‘reverse Cyprus’


2021 ◽  
pp. 5-29
Author(s):  
Borys Parakhonsky ◽  
Galina Yavorska

The European Union is in a political and security crisis. The crisis tends to become existential, which undermines the future of the EU as an integration project. The conflict of values between liberal democracy and authoritarianism is becoming an important factor in international security. Negative current trends in the international security environment increase risks for the EU. In its foreign policy the EU does not demonstrate the ability to speak with one voice. It does not support EU’s ambition to be a global international actor. Within the EU, centrifugal tendencies and Euroscepticism appear to be gaining ground. Among the destructive external and internal factors affecting European security, the hybrid threat posed by Moscow’s ambitious plans and aggressive actions is at the forefront. These actions are aimed at undermining democracies, international solidarity and security. Russia is systematically acting to destabilize the EU, using a set of means of destructive influence, trying to undermine European unity both externally and internally. Russia’s aggression against Ukraine, operations in Syria and Libya, interference in domestic processes in the EU, etc., are exacerbating destructive trends in the European security environment. In this con- text, the EU faces the need to increase its resilience, as a tool to deter destructive actions of the Russian Federation and a means to mitigate their effect. The purpose of the article is to analyze the causes and consequences of Russia’s  hybrid influence against the EU, plus to identify the means of Russia’s destructive impact, such as the spread of misinformation, active special operations, energy pressure, etc. The article examines the imperatives of Russian foreign policy, the impact of the value crisis on the European project and its future, as well as obstacles to strategic dialogue between the EU and Russia. Europe returns to searching for its collective European identity, discussing revitalization of the global European narrative. Maintaining a system of liberal democratic values is a key precondition for the future of the EU in order to avoid the risk of disintegration of the European Union. Sovereignty and territorial integrity of Ukraine, its national security could be guaranteed only by full-fledged integration into the European political, economic and security space. Europe’s hesitations regarding the European perspective for Ukraine, which arise under pressure from the Kremlin and internal contradictions in the EU, negatively affect the security environment  in Europe.


Author(s):  
Federico Fabbrini

This chapter assesses the European Union besides Brexit, shedding light on the multiple other crises that the EU has recently faced in addition to the withdrawal of the United Kingdom. In the last decade, the EU has weathered the euro-crisis, the migration crisis, and the rule of law crisis, each of which has continued to sour throughout the Brexit negotiations. In addition to these old crises, the EU has now faced new ones—as shown by the difficulties of dealing with the issue of enlargement, the problem of climate change, and particularly the catastrophic Covid-19 pandemic. All of these crises have exposed the disunity of the EU—a counter-point to the unity that emerged in the Brexit negotiations. The chapter explains the difficulties of the EU27 in successfully tackling once and for all any of these crises, and the growing centripetal pulls at play, owing to the rise of very different visions of European integration—what can be called a ‘polity’, a ‘market’, and an ‘autocracy’ conception of the EU, which are competing with each other.


Author(s):  
Federico Fabbrini

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects.


2010 ◽  
Vol 107 ◽  
pp. 93-97
Author(s):  
José M. Portela ◽  
Andrés Pastor ◽  
Milagros M. Huerta ◽  
Manuel Otero ◽  
Rafael E. González

Climate change and increasing energy prices threaten the planet and the economy. The European Union has promised to take the lead, through a reduction in greenhouse gases by 20 to 30% and a 20% energy savings by 2020. In this context, the EU is about to ban some of the most inefficient lightbulbs for everyday. Lighting would set the limit at the level of CFLs/LEDs (most energy efficient existing lamps). The energy savings would be maximized, the target is 86 TWh of electricity saved per year in the EU by 2020. To discover how to use different materials in this technology is a high-priority as it shows the advance; maybe this is the future of lighting.


Legal Concept ◽  
2021 ◽  
pp. 176-183
Author(s):  
Dmitry Galushko ◽  

Introduction: the paper analyzes the main stages of the negotiation process between the European Union and the United Kingdom on the issue of concluding a basic agreement regulating the future relations of the two parties in various areas of cooperation. The purpose of the study is to study and analyze the political and legal aspects of the negotiation process for the conclusion of the EU-UK Trade and Cooperation Agreement, the content of its main provisions, and the impact on the future framework of relations between the parties. Methods: in the course of the study, both general scientific methods of cognition and private legal methods (formal-legal, historicallegal) were used. Results: the paper proves that, despite all the difficulties that arose during the negotiation process throughout 2020, the parties managed to overcome numerous differences and conclude a basic agreement that outlined the future framework of relations between the EU and the UK. Conclusions: the analysis showed that the Agreement on Trade and Cooperation between the EU and the UK is unlikely to be the endpoint of the Brexit process. Although the Agreement establishes a framework for interaction on many issues, however, the parties are expected to continue to review and adjust the legal framework of the relationship, since, on the one hand, it is possible to supplement the Agreement on Trade and Cooperation with other treaties to regulate other areas of crucial importance for the parties that are not covered by the document, and on the other hand, also concerning some issues that, although settled, will soon require additional legal regulation, which indicates that the historic Brexit process is far from complete.


Author(s):  
S. Pogorelskaya

The article describes the transformation of German policy towards the European Union after the reunification of Germany, German proposals to overcome the Euro crisis of 2010–2011 and the future role of Germany in the EU.


2021 ◽  
Author(s):  
Isabell Böhm

Climate change litigation is becoming increasingly important. This thesis deals with the question whether state liability claims against Germany or the EU can be justified, if commitments to reduce greenhouse gas emissions are not met. For this purpose, the claim under public liability according to § 839 German Civil Code in connection with Art. 34 German Basic Law, the liability of the EU-Member States and the liability of the European Union according to Art. 340 II TFEU are discussed. At the end of the thesis, considerations on the practical perspectives of state liability are made in order to improve their prospects of success.


2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.


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