scholarly journals Applying for Settled Status: Ambivalent and reluctant compliance of EU citizens in post-Brexit Scotland

2020 ◽  
Vol 29 (3) ◽  
pp. 370-385
Author(s):  
Kate Botterill ◽  
Mariusz Bogacki ◽  
Kathy Burrell ◽  
Kathrin Hörschelmann

This article contributes to scholarship concerning the effects of the UK Referendum on EU membership and Brexit on EU citizen rights in the UK (Botterill, McCollum and Tyrrell, 2018 ; Burrell and Schweyher, 2019 ; Gawlewicz and Sotkasiira, 2019 ; Huber, 2019 ). The paper focuses on applications for, and meanings of, ‘settled status’ among Polish nationals living in urban and rural Scotland. In particular we argue that the ‘simple’ act of application produces diverse responses among Polish nationals, characterised by ambivalent and reluctant compliance, with longer term implications for ontological security and sustainable communities. In the paper we present empirical data from the perspectives of three differently positioned individuals to illustrate the heterogenous experience of Polish nationals in Scotland and to demonstrate how pre-existing vulnerabilities and conditions are compounded by the EU settlement scheme. First, we highlight a view of citizenship as ‘social contract’ through the vignette of Marek who expresses ambivalence about Brexit and for whom the welfare system serves both as a safety net and a space of the undeserving. Second, we reflect on the complex bureaucratic process of gaining citizenship for a family, through the vignette of Monika. Finally, we consider how form filling is an anxious act of validating oneself and questioning one's belonging to place with longer term effects on ontological insecurity, through the vignette of Weronika. We conclude by offering a set of recommendations for Scottish policy on intercultural communication, integration and sustainable communities that, in the context of the COVID-19 pandemic, is ever more significant.

Author(s):  
Federico Fabbrini

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.


Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.


Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.


Subject The government's preferred timetable for the UK referendum on EU membership. Significance The EU membership referendum will be a major event in both EU and UK political and commercial life. Prime Minister David Cameron's official position is that the poll could take place any time before end-2017. He is less concerned about the likely outcome of the referendum, which he is confident will produce an 'in' result, than about achieving a margin in favour of membership that decisively settles the question and minimises the damage to the Conservative Party arising from the process. Impacts The most likely referendum date is September 15, 2016. This timetable would make the key renegotiation period the first half of 2016, when the sympathetic Dutch government chairs the EU Council. The German government would also prefer the UK referendum to be dealt with relatively quickly.


Significance The process has been plunged into further uncertainty by the outcome of the June 8 UK general election, which has sparked renewed debate about what kind of Brexit the United Kingdom wants and what kind of future economic relationship with the EU it should seek to negotiate. Impacts The UK government’s weakness is a cause for concern elsewhere in the EU, raising fears that it may not be able to compromise on key issues. Many businesses will begin implementing strategies for dealing with Brexit early next year, before knowing the outcome of the negotiations. Pressure for a lengthy transition period will continue to build. The political turmoil and slowing economic growth in the United Kingdom may increase support for EU membership elsewhere in the bloc.


2021 ◽  
Vol 1 (1) ◽  
pp. 55-70

This article analyses effects of Brexit on relations between the United Kingdom and the Western Balkan countries (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia). First, the symbolism of the UK departure from the EU for the Western Balkans is explained. In the following step, multiple types of relations (in trade, security, culture) between the post-Brexit UK and this region are analysed using the theoretical concepts of linkage, leverage and soft power. Finally, the consequences of Brexit on further EU enlargement are presented. The research has confirmed the initial hypotheses. First, as expected, the volume and density of UK-Western Balkan relations will be reduced after Brexit. Second, Western Balkans is of a very limited interest for the UK, primarily in security. Third, Brexit has not in a serious way changed the already existing low chances of EU accession for the Western Balkan countries. The reason for this has little to do with the UK’s presence in or absence from the EU and is rather a consequence of the majority view within the Union (that Britain had already shared before Brexit) concerning further enlargement and low level of preparation of Western Balkan countries for EU membership.


Subject The potential fallout from 'Brexit' on both UK and EU-wide financial assets. Significance In the run-up to the June 23 referendum on the United Kingdom's EU membership, the 'Brexit' risk has been weighing on UK confidence and investment. The reaction in financial markets has been more benign, with the pound rising by 3.6% against the dollar since end-February and a 54-basis-point (bp) year-to-date fall in the ten-year gilts yield. The absence of a 'Brexit premium' suggests investors may be underpricing both the UK-specific and EU-wide risks associated with a UK exit from the EU at a time of heightened market volatility. Impacts UK government bonds, along with their US equivalents, will remain attractive to investors because of their relatively high yields. Meanwhile, euro-area and Japanese bonds, whose yields are negative or slightly positive at best, will remain unattractive. The prolonged uncertainty during the post-referendum renegotiations could shave 1.0-1.5 pp off UK GDP growth by end-2017. The wide UK current account deficit and the country's reliance on foreign capital underscore the risks associated with Brexit.


2019 ◽  
Vol 247 ◽  
pp. R10-R18 ◽  
Author(s):  
Nicholas Crafts

On average, UK productivity performance in the decades leading up to the financial crisis was quite disappointing. Joining the EU was not to blame. Indeed, EU membership, which was an integral part of the Thatcher reform programme, had a significant positive impact. Over the long run, UK supply-side policies have been badly designed in various different ways. These design faults have not been the result of constraints imposed by EU membership but rather the consequence of domestic government failure. There is no reason to think that EU exit will lead, either directly or indirectly, to improvements in UK productivity outcomes.


EU Law ◽  
2020 ◽  
pp. 34-60
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers two important issues that have affected the EU in recent years: Brexit and the rule of law crisis. These issues are explored in the context of the considerations they raise about EU membership and resulting obligations. The discussion of Brexit covers the UK referendum and ensuing debate, Article 50 TEU, and the relevant Treaty provisions. It explores what the Brexit negotiations tell us more broadly about the EU, and describes the Withdrawal Agreement and Political Declaration. The second half of the chapter is concerned with the rule of law crisis: the Treaty framework and membership obligations that flow therefrom, the problem posed by ‘rule of law backsliding’ by some Member States, and the different ways in which the EU has responded to this ‘backsliding’.


Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.


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