UK and European law

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    What lies ahead is a Brexeternity of difficult and tetchy negotiations between the UK and the EU

What lies ahead is a Brexeternity of difficult and tetchy negotiations between the UK and the EU

Even if No Deal doesn’t happen, there will be years and years of rows with the EU and political divisions in the UK. Denis MacShane argues that the briefest of readings of the Political Declaration attached to the UK-EU deal reveals that an eternity of difficult, tetchy negotiations lies ahead as the UK and EU try and fashion a new modus […]

Brexit could prove to be Britain’s constitutional moment

Brexit is a major constitutional change. It creates considerable constitutional uncertainty, but also an opportunity. It could prove Britain’s constitutional moment. Vernon Bogdanor argues that just as joining the EU fundamentally altered the UK constitution, so Brexit could, by exposing the very nakedness of Britain’s uncodified arrangements, prove a catalyst for a written constitution.

During the period of membership of the European […]

The EEA EFTA Separation Agreement – problems galore

The UK’s proposed mode of separation from the EEA Agreement is riddled with legal flaws, writes Michael-James Clifton (EFTA Court). He contends that the draft EEA EFTA Separation Agreement is improperly structured in terms of its Contracting Parties, and that there are competence problems as regards its substantive scope. In this post, he addresses the draft EEA EFTA Separation Agreement’s brittle provisions […]

An Arbitration Agreement can solve the backstop blockage

The UK government has not been able to get the UK EU Withdrawal Agreement approved primarily because of objections to the Northern Ireland Backstop (officially called the Protocol on Northern Ireland). The objectors fear that the UK could be permanently locked into the Backstop. To end the Backstop representatives of both the EU and the UK have to agree […]

Are referendums a sign of no confidence in the government?

Are referendums a sign of no confidence in the government? In this blog, Joseph Ward (University of Birmingham) compares the 1979 devolution and 2016 EU referendums in Britain. He argues that the 1979 Scottish referendum holds many important insights for understanding the political ramifications of the Brexit vote.

Throughout the protracted debate on Britain’s exit from the European Union, many scholars and commentators […]

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    Long read: There is no such thing as completely frictionless trade across a border

Long read: There is no such thing as completely frictionless trade across a border

The concept of a frictionless border is a constant theme of the Brexit debate. But as Anna Jerzewska (British Chambers of Commerce) points out there is no such thing as completely frictionless trade across a border. Brexit potentially adds new border formalities and checks when moving physical goods across the border, and these extra formalities add to border friction. The […]

February 6th, 2019|Economics of Brexit, Exit negotiations, UK and European law|Comments Off on Long read: There is no such thing as completely frictionless trade across a border|
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    Labour’s path to victory is through Leave-voting Conservative marginals

Labour’s path to victory is through Leave-voting Conservative marginals

Labour must maintain a broad electoral coalition if it wishes to form a government. Its path to Downing Street goes through the Leave-voting Conservative marginals, writes Richard Johnson (Lancaster University). Winning the Conservative-held constituencies in England and Wales that voted for Brexit is a sine qua non for the formation of a Labour government, he argues. 

Based on the results of the 2017 […]

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    Many opportunities to learn from Europe will no longer be available after Brexit

Many opportunities to learn from Europe will no longer be available after Brexit

Opportunities to learn from Europe will no longer be available after Brexit. This is because the UK will be absent from EU policy coordination processes specifically designed to promote learning. In this blog, Kate Mattocks (University of East Anglia) writes about what exactly will no longer be available to the UK, after Brexit.

While Brexit’s putative material impacts have received a great deal of […]

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    Has Parliament taken control of Brexit? Well, it’s complicated

Has Parliament taken control of Brexit? Well, it’s complicated

UK Parliament is an institution that is traditionally considered weak in the foreign policymaking process. Has it now taken control of Brexit? Well, it’s complicated, writes Thomas Eason (University of Nottingham). On balance then, it is currently unclear who really has control of Brexit, he concludes.

Traditionally, Parliament is considered particularly weak when it comes to making foreign policy. Sure, Parliament […]

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    Have British judges already left the EU? The impact of the Brexit vote on EU law in the UK

Have British judges already left the EU? The impact of the Brexit vote on EU law in the UK

In principle, EU law still applies in the UK until the day the country formally leaves. However, as Arthur Dyevre (KU Leuven) writes, the UK’s impending exit may have already altered the application of EU law in British courts. Drawing on new research, he explains that UK courts have submitted substantially fewer questions to the Court of Justice of the […]