The Use of Surveillance of Personal Data by the United Kingdom and the Extent to Which Such Use is Compatible with the European Union Law.

2014 ◽  
Author(s):  
Angelika Majchrowska
Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Garth Bouwers

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).


2021 ◽  
pp. 76-92
Author(s):  
Joseph McMullen ◽  
Tilak Ginige

Air pollution is a severe issue in the United Kingdom. Legal and scientific efforts to combat the deleterious health effects arising from polluted air are wide-ranging but suffer a lack of enforcement. The issue of enforcement is a central theme within this paper; the most stringent or ambitious limits are meaningless without enforcement. Legal responses to specific pollutants and polluting industries are first explored to establish a narrative of the United Kingdom’s approach to air quality protection throughout the Industrial Revolution. Legal issues and regulatory methods during the United Kingdom’s membership of the European Union are then discussed in juxtaposition to domestic historical approaches, acknowledging the United Kingdom’s utilisation of displacement methods and general failures to adhere to European Union law. Beyond 2020, the retention and function of EU-derived and domestic legislation is considered in light of Brexit. The United Kingdom faces – post-Brexit – an opportunity for improvement in its atmospheric quality. However, without the enforcement capabilities of the Court of Justice of the European Union there is a real possibility that atmospheric quality in the United Kingdom will face a severe and dangerous regression – becoming, once again, the “dirty man of Europe”.


2020 ◽  
Vol 12 (1) ◽  
pp. 231
Author(s):  
Ana Gascón Marcén

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


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.


Author(s):  
Alma-Pierre Bonnet

The decision by the United Kingdom to leave the European Union came as a shock to many. A key player during the referendum campaign was the Vote Leave organisation which managed to convince people that they would be better off outside the European project. Their success was made all the easier as Euroscepticism had been running deep in the country for decades. It is on this fertile ground that Vote Leavers drew to persuade people of the necessity to leave. Using critical metaphor analysis, this paper examines the way Vote Leavers won the argument by developing three political myths, which, once combined, conjured up the notion of British grandeur. Drawing on Jonathan Charteris-Black’s seminal works on the relation between metaphors and the creation of political myths in political rhetoric, this paper posits that the Brexit debate was not won solely on political ground and that the manipulative power of metaphors may have also been a key element. This might explain the current political deadlock, as political solutions might not provide the answers to the questions raised during the campaign.


2016 ◽  
Vol 6 (2) ◽  
pp. 140-154
Author(s):  
João Gualberto Marques Porto Júnior

A relação entre o Reino Unido e os países do continente foi marcada ao longo da história por diversos desencontros e disputas. Não foram poucas as guerras travadas entre os britânicos e outras nações europeias. A própria integração europeia inicia-se sem o Reino Unido que apenas na década de 1960 decidiu integrar as comunidades, sendo durante anos impedido pela Franca de Charles de Gaulle. A adesão tardia em 1973 não minimizou as diferenças, tendo novamente havido tensões na década seguinte durante a gestão Margaret Thatcher. As diferenças do casal estranho continuaram após a criação da União Europeia em 1992 e tiveram na decisão do Brexit apenas o desfecho de uma relação distante e tumultuada.ABSTRACTThe relation between the United Kingdom and the countries from "the continent” has been characterized by several disputes and differences along history. A large number of wars were fought between the British and other European nations. Even the European integration started without the United Kingdom, that only decided to take part in the communities in the sixties, being, however, blocked by de Gaulle’s France. Britain’s late accession to the European Communities in 1973 did not reduce the differences with its European neighbors and several tensions emerged during Margaret Thatcher’s government during the eighties. The differences between the odd couple continued after the creation of the European Union in 1992 and the “Brexit” simply represents the natural outcome of a distant and tumultuous relationship.Palavras-chave: Integração europeia, Reino Unido, BrexitKeywords: European integration, United Kingdom, BrexitDOI: 10.12957/rmi.2015.24641Recebido em 08 de Julho de 2016 / Received on July 8, 2016.


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