scholarly journals Brexit: Benefits and Costs for the United Kingdom – Reflections for Observers in Europe

2018 ◽  
Vol 24 (2) ◽  
pp. 71-84
Author(s):  
Marian Żukowski ◽  
Monika Nowakowska

The withdrawal of the United Kingdom from the EU structures creates a new chapter in the history of the European integration. For the first time, after several decades of steady and secure functioning of the EU, a split occurs. Lofty ideas about creation of strong, coherent, wealthier and safer Europe lose in the competition with economic indicators and the national interest of the United Kingdom. Brexit is an expression of the negative evaluation of the EU functioning by the British society. This opinion is grounded in difficulties of the EU with solving current economic, social and political problems of contemporary Europe, as well as in decreased cooperation among member states. The following most important reasons for Brexit should be mentioned: the uncontrolled inflow of immigrants, increased terror threat, loss of economic independence and national identity. It is also worth noticing the successful actions of right-wing politicians who used the situation to build their own vision of the state. Consequences of Brexit shall affect both the United Kingdom and the EU member states but also non-EU countries. They shall have political, economic and social dimensions. However, at the current stage of the negotiations, it is difficult to predict all effects of the decisions taken. According to analysts, the UK shall incur financial losses, competitiveness of economy will decline, GDP will go down, political relations with neighbour states will deteriorate. Brexit shall affect particularly these states which are close trade partners of the United Kingdom. Loss of the UK as one of the economic pillars of the EU shall influence the economic situation of the entire European Union. Brexit is also a crack in the EU image as an organization cherishing the values of solidarity and humanism. Individual interests of particular member states can be a contagious example.

Author(s):  
Olha Ovechkina

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.


Author(s):  
McMeel Gerard

This chapter provides an overview of the relevant UK law. The timing of the coming into force in EU Member States of the Prospectus Regulation posed some problems of exposition of the law in the United Kingdom of liability for information in prospectuses. The date of the Regulation coming into force was when it was originally intended that the UK would leave the European Union. When the date for ‘Brexit’ was extended, the Regulation automatically came into force in accordance with orthodox EU and UK arrangements. However, after changing prime ministers, the date for Brexit became uncertain. Furthermore, there were questions as to whether the UK would leave pursuant to the negotiated Withdrawal Agreement or some other withdrawal agreement, or with no agreement with the EU (the ‘no deal’ scenario) at all. The chapter tries to address the various possible scenarios arising from these complications introduced by Brexit.


Author(s):  
Radovan Malachta

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.


Significance However, member states have the dominant foreign policy role in the EU. After Brexit, that will be France and Germany despite the United Kingdom insisting that it wants to maintain as close a relationship with the EU as possible. Impacts EU reformers will light on foreign policy as an area to drive forwarded integration. However, the EEAS lacks the competencies and institutional horsepower to be a force for integration. The strategic needs of the 27 post-Brexit EU members will be various, thus acting as a drag on integration. Smaller EU member states will see more advantage than larger ones in collectively pursuing foreign policy goals through Brussels. Larger member states will be unwilling to submit their national defence policies to greater EU authority.


Subject Reactions to Brexit among eastern EU member states. Significance Leaders of the Visegrad Group (V4) of the Czech Republic, Hungary, Poland and Slovakia have called for a major institutional overhaul of the EU following the UK vote to leave the EU ('Brexit'). They singled out the EU's handling of the migration crisis as a key factor behind the 'Leave' victory in the UK referendum, and rejected calls from Brussels and several member states for closer integration, instead demanding that powers be repatriated to national capitals to restore citizens' trust and make the EU more democratically accountable. Impacts The V4 will seek to mend relations with Berlin, in the relatively favourable political constellation in Germany before the 2017 elections. V4 governments will aim to hold 'mini-lateral' consultations with the United Kingdom on the terms of its planned exit from the EU. Brexit will dominate Slovakia's EU presidency, with V4 coordinating their responses to help limit the negative fallout for the region.


2020 ◽  
pp. 47-66
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen

This chapter maps the development of differentiated integration over the entire history of the EU and across all member states and policies. It shows that differentiation has been on the rise in treaty law and legislation. Yet, relative to the dramatic growth in EU authority and member states over time, there is no evidence for a trend towards ‘ever looser union’. This chapter further shows that differentiated integration is mainly ‘multi-speed’. Most national opt-outs are temporary and end after a few years. However, there is evidence for ‘multi-tier’ integration, too. A small and stable periphery has formed driven by Denmark and the United Kingdom. While there is no sign of multi-menu integration, differentiation also has a policy dimension in that the integration and differentiation of core state powers shapes the evolving multi-tier structure of the EU. In contrast, the EU’s market and flanking policies constitute the domain of multi-speed integration.


2003 ◽  
Vol 10 (1) ◽  
pp. 9-38 ◽  
Author(s):  
Helen Meenan

This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.


Fisheries ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 24-28
Author(s):  
Kamil Bekyashev ◽  
Damir Bekyashev

On January 31, 2020, Great Britain left the European Union (EU) and was given the opportunity to pursue an independent fishing policy. In this regard, the article considers the legal and political aspects of possible cooperation between the Russian Federation and the United Kingdom in the field of fisheries. An information on the state of the UK fishing industry is provided; the legal aspects of the UK exit from the EU in the context of fisheries are analyzed; the history of relations as well as the prospects for cooperation between Russia and the UK in the field of fisheries is considered. The authors have developed recommendations on the political and legal support of the fishery interests of the Russian Federation in relations with the UK.


2021 ◽  
pp. 397-422
Author(s):  
Nigel Foster

The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.


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.


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