UK and European law

Majority (mis)rule and the problem with naturalisation for UK citizens in the EU

Will Britons living in other EU member states have the opportunity to naturalise? Dora Kostakopoulou says this would be a potentially fraught and divisive policy option, particularly for those living in states that do not allow joint citizenship. Instead, she argues, we should reconsider the legitimacy of a narrow majority vote that deprived millions of EU citizens, UK and non-UK, of fundamental […]

EFTA’s model of compliance would struggle to accommodate the UK

Would the Norway model mean the UK was subject to the rulings of a foreign court? Morten Kinander (Norwegian Business School) responds to Øyvind Bø’s recent post for LSE Brexit. Yes, EFTA states are subject to the decisions of their Surveillance Authorities, but they are not formally bound by them in the sense that the state is subject to sanctions. This is […]

Why Britain’s habit of cherry-picking criminal justice policy cannot survive Brexit

The European Arrest Warrant is important to Theresa May. But, as Auke Willems (LSE) explains, it will be difficult to negotiate the pan-European security co-operation she wants unless Britain is prepared to cross the ‘red line’ of recognising the European Court of Justice, as well as the Charter of Fundamental Rights.

Cooperation on matters of police and criminal law – or […]

  • Permalink Gallery

    Should the UK choose the ‘Norway model’, it would still be subject to the jurisdiction of a foreign court

Should the UK choose the ‘Norway model’, it would still be subject to the jurisdiction of a foreign court

Many commentators consider the EEA to be the best option for Brexit when it comes to financial services. However, access to the financial markets through the EEA Agreement would not come for free, argues Øyvind Bø. He writes that EFTA Court’s judgments are one of the fundamental pillars of the EEA Agreement, in a similar manner that the European Court of Justice […]

  • Permalink Gallery

    Long read | EU citizens in the UK are in a particularly weak position and need an independent authority to monitor their rights

Long read | EU citizens in the UK are in a particularly weak position and need an independent authority to monitor their rights

The Brexit Withdrawal Agreement has been unveiled, and there are serious limitations to the future protections of EU citizens living in Britain after Brexit. As things stand now, EU citizens risk falling into an implementation gap created by the limitations to bottom-up enforcement, and the limits of international dispute settlement. In this blog, Stijn Smismans (Cardiff University) argues that EU citizens in […]

How trade unions are mobilising around the challenges of Brexit

Not all trade unionists wanted to stay in the EU. Nonetheless, Brexit poses a number of challenges for the labour movement. Steve French (Keele University) looks at the three areas on which unions plan to campaign – the regional and sectoral impacts of leaving the EU, and the risk that future free trade agreements will be negotiated with corporate rather […]

  • Permalink Gallery

    Sinn Fein won’t drop its abstentionist policy over Brexit – and that’s not necessarily a bad thing

Sinn Fein won’t drop its abstentionist policy over Brexit – and that’s not necessarily a bad thing

Sean Swan (Gonzaga University) provides a brief history of how Sinn Fein came to adopt its abstentionist policy and explains why it will not change a century-long stance to help defeat Brexit in Westminster. He writes that if they were to drop abstentionism, dissident republican organisations would gain support, to the detriment of the peace process. At the same […]

Why won’t the UK get a good Brexit deal on financial services? One word: Norway

When it comes to financial services, the UK will not be able to negotiate better access than Norway currently enjoys, writes Morten Kinander (Norwegian Business School). It is simply not in the EU’s interest to create a parallel equivalence regime for Britain. That is why the ‘Norway’ (EEA) model should not be ruled out. Claims that it would turn […]

Was Boris Johnson justified in using John Stuart Mill to make the case for Brexit?

Boris Johnson invoked John Stuart Mill in a recent speech, arguing that Mill’s thinking about the importance of the nation state underpinned the case for Brexit. Corrado Morricone considers whether Mill’s work can indeed be used to support leaving the EU.

In his Brexit speech on 14 February, Foreign Secretary Boris Johnson made the case for a ‘spiritually British, European and global Britain’ after […]

The EU legal system is not a thing you can leave

The rules of free trade are undeniably complex, and are the product of many decades of agreements negotiated by numerous bodies. That is why extricating the UK from the EU is so very difficult, writes Philip Allott (University of Cambridge). He sets out why the ‘Norway option’ holds little appeal. 

The level of ignorance that surrounds the effort to withdraw the UK […]