Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

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.

scholarly journals Special aspects of legal regulation of fixed-term employment contracts of some European countries

2020 ◽  
pp. 286-290
Author(s):  
Sergiy Savchuk
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Action Plan ◽  
Legal Regulation ◽  
The European Union ◽  
Employment Contracts ◽  
Common Features ◽  
The United Kingdom ◽  
Labour Legislation ◽  
Energy Community

The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.

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?

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

scholarly journals Why withdrawal from the European Union is undemocratic

2017 ◽  
Vol 9 (3) ◽  
pp. 436-465 ◽  
Author(s):  
Tore Vincents Olsen ◽  
Christian F. Rostbøll
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
Individual Member ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Political Units ◽  
Article 50 ◽  
The Eu

The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be undemocratic. We argue that it is the effect of withdrawal on the status of citizens as free and equal that is decisive and that explains why unilateral withdrawal of subunits from larger units is democratically illegitimate. Moreover, on the ‘all-affected status principle’ that we develop, even multilaterally agreed withdrawal is undemocratic because the latter diminishes the future ability of citizens to make decisions together regarding issues that affect their status as free and equal. On this basis, we conclude that it is undemocratic for a member state such as the United Kingdom to withdraw from the EU.

scholarly journals IMPACTO DEL TLC PERU – UNION EUROPEA EN LAS EXPORTACIONES PERUANAS DE MANGOS AL REINO UNIDO. IMPACT OF THE FREE TRADE AGREEMENT PERU - EUROPEAN UNION IN PERUVIAN MANGO EXPORTS TO THE UNITED KINGDOM.

LOGOS ◽  
2017 ◽  
Vol 5 (1) ◽  
Author(s):  
Mag. Alfonso Cossio Carlín
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Product Portfolio ◽  
The European Union ◽  
The United Kingdom ◽  
The Impact ◽  
Preferential Access

RESUMENEl Objetivo General de la presente investigación es determinar el impacto que ha tenido el Tratado de Libre Comercio entre Perú y la Unión Europea en las exportaciones peruanas de mangos al Reino Unido (Inglaterra, Irlanda del Norte, Escocia y Gales). Las causas de dicho incremento no solamente se basan en un acceso preferencial (eliminación de aranceles de importación) sino también al aumento en el consumo de dicha fruta por parte de los residentes del Reino Unido. Este Tratado de Libre Comercio forma parte de una estrategia comercial integral que busca convertir al Perú en un país exportador, consolidando más mercados para su portafolio de productos, desarrollando una oferta exportable competitiva y promoviendo el comercio y la inversión, para brindar mayores oportunidades económicas y mejores niveles de vida.Por lo que en el presente artículo se presentan los siguientes ítems:IntroducciónMaterial y MétodoResultadosConclusionesBibliografíaPalabras claves: Tratado de Libre Comercio, consumo de mango, acceso preferencial.SUMMARYThe general objective of this research is to determine the impact that has had the Free Trade Agreement between Peru and the European Union in Peruvian exports of mangoes to the United Kingdom (England, Northern Ireland, Scotland and Wales). The causes of this increase not only rely on preferential access (elimination of import tariffs) but also to increased consumption of the fruit by UK residents.This FTA is part of a comprehensive business strategy that seeks to turn Peru into an exporter, consolidating more markets for its product portfolio, developing a competitive export supply and promoting trade and investment, to provide greater economic opportunities and improved living standards.So in this article, the following items are presented:• Introduction• Material and Methods• Results• Conclusions• BibliographyKeywords: Free Trade, consumption of mango, preferential access.

THE IMPACT OF BREXIT ON BRITISH-EUROPEAN RELATIONS

Moldoscopie ◽  
2021 ◽  
pp. 34-42
Author(s):  
Svetlana Cebotari ◽  
◽  
Carolina Budurina-Goreacii ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
European Community ◽  
The European Union ◽  
European Security ◽  
The United Kingdom ◽  
Overseas Territories ◽  
The Impact

The exit of Great Britain from the European Union, “Brexit”, respectively “British exit”, has become one of the most important processes that trouble and concern the European world and not only. The impact of Brexit on British-European relations is considerable. Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Community. were argued by a series of arguments that can be grouped according to three major considerations: economic, political and security. Analyzing Brexit, it can be seen that the separation of the United Kingdom from the European Union is a phenomenon that can only bring disadvantages to both parties, as well as European security. Regarding the security of the two entities, Brexit is considered as a risk, but also an opportunity for Great Britain, as well as for the states of the European Union. This article aims to highlight the main consequences of Brexit on British-European relations, including the British Overseas Territories.

scholarly journals Requiem for a shared interdependent past: Brexit and the deterioration in UK-Irish relations

2019 ◽  
Vol 43 (1) ◽  
pp. 157-171 ◽  
Author(s):  
John O’Brennan
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Good Friday ◽  
Privileged Position ◽  
The United Kingdom ◽  
Good Friday Agreement ◽  
The Impact ◽  
East West

The vote by the electorate of the United Kingdom to leave the European Union in 2016 was one in which the impact of Brexit on the island of Ireland and on UK-Irish relations hardly figured. Within months, however, the ‘Irish border problem’ was centre stage. The deterioration in UK-Irish relations in the 2 years following the referendum was profound and marked the first stage in the potential unravelling of the deep interdependence which had come to characterise relations between Dublin and London by virtue of their shared membership of the European Union since 1973. A significant ‘reverse asymmetry of power’ emerged from the United Kingdom’s relative isolation in the Brexit negotiations and Ireland’s privileged position as an European Union insider. In an increasingly turbulent international arena, the retreat from integration set in train by Brexit also threatened the Good Friday Agreement and the institutions and processes put in place to manage North–South and East–West relations after 1998.

scholarly journals The Status of Northern Ireland after Brexit: Probable Models

2018 ◽  
Vol 5 (3-4) ◽  
pp. 9-15
Author(s):  
Serhii Rudko
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
Customs Union ◽  
German Version ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Status ◽  
The Eu

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’

scholarly journals Poland's Ability to Build Blocking Coalitions after Brexit

Politeja ◽  
2019 ◽  
Vol 16 (6(63)) ◽  
pp. 43-64
Author(s):  
Marcin Kleinowski
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Coalition Partner ◽  
The United Kingdom ◽  
Voting Games ◽  
The Creation ◽  
The Impact

The article presents the results of research on the impact of the United Kingdom’s withdrawal from the European Union on Poland’s ability to build small, minimalblocking coalitions in the Council of the European Union. To this end, the theory of voting games was used, but departing from the assumption that the creation of each possible coalition of players is equally likely. It was also assumedthat they do not necessarily make decisions independently of each other, and the analysis focuses on the ability to build minimally blocking coalitions. The obtained results indicate that after Brexit, for Poland to build a blocking coalition in opposition to the German-French tandem will be a very difficult task, and the loss of the United Kingdom as a potential coalition partner in the Council may be irreplaceable in some matters.

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