scholarly journals Umowa o handlu i współpracy między UE a Wielką Brytanią

2021 ◽  
pp. 107-126
Author(s):  
Jarosław Kundera
Keyword(s):  
Financial Services ◽  
Trade Agreement ◽  
Free Movement ◽  
The European Union ◽  
Costs And Benefits ◽  
Cooperation Agreement ◽  
Mutual Cooperation ◽  
The Uk ◽  
Common Trade ◽  
The Eu

The Trade and Cooperation Agreement between the European Union (EU) and the United Kingdom (UK) is a free trade agreement signed in accordance with WTO rules. It consists of 12 chapters and many annexes, which contain provisions on the free movement of goods, investments, payments, rules of origin, common institutions, dispute resolution procedure, cooperation in the field of transport, environmental protection, combating terrorism and crime. In view of the UK’s exit from the EU, it is important to analyse, what is most interesting in the Agreement and what it does not contain, e.g. provisions on the free movement of workers, students, financial services, the right of citizens to work, the common trade, agricultural policy, regional policy, financing of the EU budget. Because the Agreement limits the existing freedoms and scope of mutual cooperation, the aim of this Article is to analyse not only its provisions, but also the consequences that it will bring in terms of benefits and costs for the UK and the EU. The author uses a well-known non-Europe methodology in his research, taking into account the fact that things, which are now benefits of integration, could prove to be the costs of disintegration tomorrow. The costs and benefits of the Agreement should be assessed through the lens of the current costs and benefits of the UK’s membership of the EU. From this point of view, the implementation of the Agreement will bring higher alternative costs in the form of lower trade in goods and services, capital migration and workers in comparison with their volume, that can be achieved in the EU. The conducted analysis demonstrates that these costs will not be compensated by the savings from the UK contribution to the EU budget.

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 EU–UK institutional arrangements and Brexit: a view from Switzerland

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Yuliya Kaspiarovich
Keyword(s):  
Trade Agreement ◽  
Institutional Arrangements ◽  
Eu Law ◽  
The European Union ◽  
Cooperation Agreement ◽  
Eu Member States ◽  
Close Relationship ◽  
The One ◽  
The Uk ◽  
The Eu

In 1972 the UK signed an accession treaty with the EU while Switzerland and the EU concluded a free trade agreement. Nowadays, both countries have a very close relationship with the EU and are not (or not anymore) EU Member States. This article aims to analyse two complex legal paths taken by countries able but not willing (or no longer willing) to be part of the EU through institutional arrangements they have already negotiated or are currently negotiating with the EU. On the one hand, the UK was part of the EU legal order and is now extracting itself from the realm of EU law while switching to relations with the EU based on international law. On the other hand, Switzerland has built its relations with the EU on numerous bilateral agreements based on EU law without establishing a homogeneous institutional mechanism, which the EU has been insistently demanding since 2013. These two situations are paradoxically similar as for both of them the design of institutional arrangements depends on the degree of integration with/extraction from EU law. A comparison between the EU–UK withdrawal agreement, the EU–UK Trade and Cooperation Agreement (TCA) and the EU–Switzerland draft institutional agreement, as proposed in this article, confirms that the degree of institutional flexibility that the EU is able to offer to a third country with which it concludes an agreement is dependent on whether that agreement is based on EU law, and in particular, EU internal market law. This article argues that depending on the nature of law the agreement is based on, from an EU perspective variations in the role of Court of Justice of the European Union (CJEU) and/or of an arbitral tribunal may make sense, but this is not the case when one takes an outside perspective.

scholarly journals BREXIT IMPLICATIONS FOR AGRI-FOOD TRADE BETWEEN POLAND AND THE UK

2019 ◽  
Vol XXI (4) ◽  
pp. 589-599
Author(s):  
Aldona Zawojska
Keyword(s):  
Lower Cost ◽  
Trade Agreement ◽  
Food Products ◽  
The European Union ◽  
Trade Relations ◽  
Doing Business ◽  
Central Statistical ◽  
Central Statistical Office ◽  
The Uk ◽  
The Eu

The article is a contribution to the discussion on the anticipated consequences of the United Kingdom’s withdrawal from the European Union for Poland’s trade relations with this country, with particular emphasis on the likely impacts of a hard or no-deal Brexit on Polish exporters. Its aim is to provide readers with an understanding of how agri-food flows between Poland and the UK (especially Poland’s exports) could be affected once the UK departs the EU. The question is important considering that, in recent years, the UK has been the second biggest importer and a net importer of agricultural and food products from Poland. The study is based on trade data from the UN Comtrade Database and Poland’s Central Statistical Office, and on tariff data from the UK’s Department for International Trade. Taking into account the possible imposition of customs duties announced thus far by the British government on the import of agri-food products from third countries in the event of a no-trade agreement with the EU, the introduction of additional non-tariff barriers, as well as increased transactional (friction) costs and complexity of doing business with foreign partners, a hard Brexit would have serious implications for Poland’s fast growing agri-food exports to the UK. It would even lead to a collapse of some Polish supplies, particularly of meat and dairy commodities, to Great Britain. The loss of two-way preferences in trade now arising from participation in the EU single market will undermine the competitiveness of Polish producers on UK’s market both against British producers and lower cost exporters from outside the EU.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Part I Regulatory Structure, 3 European Financial Services

2018 ◽  
Author(s):  
Walker George ◽  
Purves Robert ◽  
Blair Michael
Keyword(s):  
Financial Services ◽  
Primary Sources ◽  
Banking Union ◽  
The European Union ◽  
Regulatory Structure ◽  
European Court ◽  
Treaty Of Rome ◽  
The Uk ◽  
Council Of Ministers ◽  
The Eu

This chapter examines the evolution of the European Union' financial services law and its impact on the development of financial services law in the UK, as it stands at the end of 2016, six months after the EU referendum. It first describes the evolving role and functions of the EU institutions, namely: the Council of Ministers, the European Commission, the European Court of Justice, and the European Parliament. It then considers the primary sources of EU law, including treaties, and the effects of the various changes in the Treaty of Rome. It also discusses the establishment of the single market in financial services and the moves to establish a banking union. Finally, it analyses the substantive financial services measures that have been adopted in the EU since the 1970s.

Unstable politics may make trade deals uncertain

2019 ◽  
Keyword(s):  
Financial Services ◽  
Trade Agreement ◽  
National Elections ◽  
Content Type ◽  
The Us ◽  
Ideological Divergence ◽  
The Uk ◽  
Trade Deals ◽  
Trade Partners ◽  
The Eu

Subject Politics and trade talks. Significance Understanding the factors that determine how long trade negotiations take will help businesses navigate the uncertainty, as the UK government prepares to negotiate trade agreements once it leaves the EU. The Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU took seven years to finalise. Less comprehensive renegotiations of international agreements can be shorter, including the US-Mexico-Canada agreement, which took less than two years. Impacts UK sectors highly exposed to the EU or United States, including automotive and financial services, face prolonged investment uncertainty. Timing of national elections, lobbying and the ideological divergence between trade partners will determine post-Brexit trade deal talks. Continued polarisation of major economies' electorates will delay or stop other global deals, including on foreign aid and climate change.

scholarly journals International migration of Hungarian and Polish workers in the context of European integration

2018 ◽  
Author(s):  
Sylwia Kurszewska ◽  
Andrzej Stępniak
Keyword(s):  
Free Movement ◽  
Good Time ◽  
The European Union ◽  
Long Term Effects ◽  
Member States ◽  
The Media ◽  
Media Message ◽  
The Uk ◽  
Positive Results ◽  
The Eu

The fifth enlargement in 2004, from 15 to 25 countries, was the biggest in the Union’s history. The European Union currently consists of 28 Member States. One of them started the process of exit from the EU and is due to leave the EU at the end of March 2019. Free movement of workers is one of the reason. Time when 10 countries will celebrate the fifteenth anniversary of their accession to the UE and one country leave it after 46 years, may be a good time for confrontation with the media message about this topic and diligent research on the short-term and long-term effects of labour migration. There are different views on the free movement of people from the EU. Europeans generally see this freedom as one of the most positive results of the EU, however there are countries with more positive results of labor migration and some where it is seen rather like a problem than an opportunity. Hungarians and Poles – depended on their resourcefulness, ingenuity and spirit of enterprise – benefit from being a part of developed single market. Experiences of both countries are different due to many factors. The same with the UK and other UE member states. However, the EU has now faced a serious problem of the immigration from outside Europe. Opinions of members states are highly divided about this topic.

The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

Brexit and Canada: Stopgap Solutions for the EU–Canada Comprehensive Economic and Trade Agreement (CETA) or a New Beginning?

2021 ◽  
Vol 58 (2) ◽  
pp. 248-264
Author(s):  
Nanette Neuwahl
Keyword(s):  
Transition Period ◽  
Trade Agreement ◽  
Cooperation Agreement ◽  
New Beginning ◽  
The Uk ◽  
The Eu

This article investigates how Canada’s trade with the EU-27 and the UK might be affected by Brexit. As the transition period foreseen in the 2019 UK Withdrawal Agreement has ended, the EU and the UK are no longer one customs area. The EU–Canada Comprehensive Economic and Trade Agreement (CETA), like other EU agreements, has ceased to apply to the UK. Henceforth, the policies and legislation of the UK and the EU-27 will invariably diverge. Taking into account both the EU–UK Trade and Cooperation Agreement as well as the Canada UK Trade Continuity Agreement concluded in late-2020, the article shows that the agreements reached, while providing immediate stopgaps for some of the fallout of Brexit, also represent potential for a new departure.

Great Britain after Brexit: EU and Russia

2020 ◽  
pp. 34-42
Author(s):  
M. Vitrik ◽  
K. Kuznetsova
Keyword(s):  
European Union ◽  
Great Britain ◽  
Future Development ◽  
Internal Market ◽  
The European Union ◽  
Mutual Cooperation ◽  
Diffi Cult ◽  
The Uk ◽  
The Relationship ◽  
The Eu

The article deals with the problem of the consequences of Brexit, the UK is interested in maintaining access to the Single internal market of the European Union, highlights options for further participation of the UK in the integration processes in Europe, describes possible ways of the future development of the situation. The analysis has shown that it is diffi cult to fi nd an option that would satisfy both the EU and the UK. Special attention is paid to the relationship between Russia and the UK after Brexit. The authors conclude that Russia is in favor of establishing relationship with the UK, but everything will depend on further decisions of the EU and the UK regarding their mutual cooperation.

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