scholarly journals Determinants and implications of the Eurozone enlargement

2018 ◽  
pp. 45-64 ◽  
Author(s):  
G. W. Kolodko ◽  
M. Postula
Keyword(s):  
United Kingdom ◽  
The European Union ◽  
Convergence Criteria ◽  
Member States ◽  
The United Kingdom ◽  
National Currencies ◽  
Public Sector Deficit ◽  
The Right ◽  
Excessive Deficit Procedure ◽  
The Eu

Aside from the United Kingdom, which is withdrawing from the European Union, only Denmark has the option of staying outside the single European currency area. All other member states which have not adopted euro as their currency have the right and obligations to do so under the Treaty of Accession. The condition to join the Eurozone is to meet all five nominal Maastricht convergence criteria and to ensure compliance of national legislation with acquis communautaire, or the EU legal order. What poses special difficulties to candidate countries is the fiscal criterion relating to the maximum allowed budget deficit. If it’s not met, the European Commission launches the Excessive Deficit Procedure, EDP. Currently, this procedure is in place for France, Spain and the United Kingdom. In 2015, EDP for Poland was lifted, but there is no certainty it won’t be imposed again at the end of the decade due to the risk of exceeding once more the threshold of public sector deficit, which stands at 3 percent GDP. It is to be expected that in the 2020s the European Monetary Union will be joined by all the countries that are still using their national currencies, including Denmark, and that the EU will be extended to include new member states, enlarging the euro area, too. Although the issue is not absolutely certain, it needs to be assumed that euro will overcome the present difficulties and come out stronger, though the economically unjustified euroskepticism of some countries, especially Poland, is not helping.

A historical overview of the general implementation of the European Union Market Abuse Directive in the United Kingdom before Brexit and its future implications

2017 ◽  
Vol 24 (2) ◽  
pp. 217-244
Author(s):  
Howard Chitimira
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Insider Trading ◽  
The European Union ◽  
Member States ◽  
Market Abuse ◽  
The United Kingdom ◽  
Insider Dealing ◽  
The Eu ◽  
Market Abuse Directive

The European Union (EU) was arguably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its Member States. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonized the insider trading ban among the EU Member States. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the UK’s vote to leave the European Union (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.

Brexit and the Future of the European Union

2020 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

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.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

The Right to a Fair Trial in Criminal Proceedings and the United Kingdom Courts’ Recognition of Foreign Convictions from non-eu Member States

2015 ◽  
Vol 4 (1) ◽  
pp. 81-103
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Fair Trial ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Right

This article discusses three cases from China, India and Morocco in which courts in the United Kingdom have considered the issue of previous convictions for the purposes of sentencing and considering the issue of whether the accused is of bad character. The author highlights the different approaches taken by the different courts and argues that there is a need for guidelines to be developed for courts to follow in deciding whether or not to admit convictions from courts outside the European Union. This would strengthen the accused’s rights to a fair trial in criminal proceedings.

scholarly journals Brexit: Consequences and Prospects (in The Context of Building New Britain-Ukraine-Eu Relations)

2020 ◽  
pp. 47-61
Author(s):  
Oleksandra Hissа-Ivanovych ◽  
Yana Kybich
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
European Continent ◽  
The United Kingdom ◽  
History Of ◽  
First Time ◽  
New Britain ◽  
The Eu

Britain’s withdrawal from the European Union is an extraordinary event in the history of the EU and the European continent as a whole. For the first time since the Union’s existence, one of the member states is leaving it. Of course, this situation has caused a significant resonance in the world community, because the question of the consequences that may arise as a result of such an event has become acute. It is clear that Brexit will not only provoke changes in the economic, political and cultural spheres of the relations between the United Kingdom and the European Union, but may also affect relations with third countries, including Ukraine. This article examines the possible effects of Brexit on the further development of the United Kingdom, on the future of the EU in the context of growing Euroscepticism among member states, and on Britain’s and the European Union’s relations with Ukraine as a country that has clearly declared its pro-European position, and strives to become part of the EU by all means.

scholarly journals Introducing the EU exit index measuring each member state’s propensity to leave the European Union

2021 ◽  
pp. 146511652110001
Author(s):  
Markus Gastinger
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Union Member ◽  
The European Union ◽  
Substantial Variation ◽  
Member States ◽  
The United Kingdom ◽  
Propensity To Leave ◽  
European Union Member States ◽  
The Eu

Which member states could leave the European Union in the years ahead? To answer this question, I develop the ‘EU Exit Index’ measuring the exit propensities of all European Union member states. The index highlights that the United Kingdom was an outlier and uniquely positioned to leave the European Union. While all other states are far behind the United Kingdom, the index still reveals substantial variation among them. Moreover, the index allows monitoring the development of exit propensities over time. It shows that the European Union is in better shape today than before the Brexit referendum and that, currently, no further exits are on the horizon. Still, this could change in the future and the EU Exit Index provides systematic and reproducible measurements to track this development.

Part III Prospectus Liability and Litigation, 26 United Kingdom

2020 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Eu Member States ◽  
The United Kingdom ◽  
Prospectus Liability ◽  
The Uk ◽  
The Eu

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.

Notes on the ECHR and the Disunited Kingdom ‘After’ Brexit – In memoriam Scott Crosby

2020 ◽  
pp. 203228442097693
Author(s):  
Gavin Robinson
Keyword(s):  
United Kingdom ◽  
European Convention ◽  
The European Union ◽  
The United Kingdom ◽  
Time Record ◽  
Eu Referendum ◽  
In Memoriam ◽  
European Criminal Law ◽  
The Eu

When the idea of this special edition occurred to the team behind the New Journal of European Criminal Law, my first thought was to go back through all of Scott Crosby’s contributions in print as editor-in-chief and see whether a mini-retrospective on the themes and views therein would be worthy of inclusion here – by Scott’s own standards. These notes focus on what gradually became the single biggest concern expressed in Scott’s editorials: the perilous position of the European Convention on Human Rights (ECHR) in a post-Brexit UK – in concreto, the prospect of what he labelled ‘Brexit plus’: a British exit from the ECHR system. I begin with Scott’s views on the European Union (EU) Referendum and the Brexit process. Next comes the great uncertainty currently surrounding the future of Convention rights in the United Kingdom, set against the emphasis placed by the editorials on the instrumental role of the ECHR in fostering peace across the whole of Europe, within and beyond the territory of the EU. In the event that Brexit plus should materialise, writing in the wake of polls showing all-time record support in Scotland for secession from the United Kingdom I close by asking whether Scotland might be able to ‘leave a light on for Strasbourg’.

scholarly journals Constructing the Ideology of the Right-Wing Radical Party in Modern United Kingdom: The Case of the United Kingdom Independence Party

2021 ◽  
Vol 23 (3) ◽  
pp. 446-462
Author(s):  
Mikhail S. Golovin
Keyword(s):  
United Kingdom ◽  
Initial Period ◽  
British Society ◽  
Right Wing ◽  
The European Union ◽  
Political Struggle ◽  
Frequent Change ◽  
Cultural Conditions ◽  
The United Kingdom ◽  
The Right

This article examines the update of ideological foundations of the largest right-wing radical party in Britain (and in the whole of Europe) - the United Kingdom Independence Party (UKIP). The subject of the research is the partys programmatic text, Manifesto for Brexit and Beyond, a document that is not limited to the discussion of Brexit alone. This document appeared at the end of 2019 and, despite the frequent change of leadership in the party during 2020, remained the ideological foundation of the organization after Brexit. The aim of the article is to analyze how the ideological base of the right-wing British radical party was formed in the socio-political realities of the initial period after the states exit from the European Union. The paper presents a discursive analysis of the main ideological document of one of UKIP, as well as identifies the ideological positions of British right-wing radicals at the present stage. Since the research is mainly practice-oriented, the main results are presented the data obtained through discourse analysis using to the method of R. Wodak. The data testify the changes that have been taking place in the discourse of the extreme right in Britain in recent years, as well as the prospects for its evolution in the coming years after Brexit. Studying UKIPs discourse, the author concludes that it forms depending on the political, social and cultural conditions that prevail in modern British society, as well as on the general European context. The article also shows how a modern right-wing radical party constructs its discourse using the most painful issues for the society within the framework of political struggle.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

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.

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