Brexit refers to the withdrawal of the United Kingdom (UK) from the European Union (EU) initiated by the referendum that was held on 23 June 2016 where the ‘leave’ camp won. On 29 March 2017, the UK government invoked Article 50 of the Treaty on European Union (TEU), thereby formally starting the process of leaving the EU. As a possible result the UK will leave the EU on 29 March 2019 at 11pm UK time.
In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction…
We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Review of Private Law, Volume 28, Issue 3, 2020, edited by André Janssen and Matthias E. Storme. Kahraman Altun, Ll.M. (Edinburgh), Anti-Suit Injunctions in European Transnational Litigation: Past, Present and…
As the COVID-19 pandemic engulfs the world, requiring an unprecedented and, as of yet, unforthcoming global response, the idea of Brexit, the sheer self-indulgence and chicanery of Brexit, has quickly become remote from the minds of policy makers and peoples alike. Nevertheless, with negotiations on ‘forging a new partnership’ between the EU and the UK…
The adjustment that the UK will have to make to accommodate our post-Brexit global trade and security ambitions will involve enormous effort, ingenuity and change. No-one knows what the outcome will be. For almost 50 years, the UK was a member of the European Union. The UK’s trade policy was aligned to the Union in…
Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement. The aim of these provisions, as originally set out in…
Please find below the journal abstract of “Statutory Interpretation and the Role of the Courts after Brexit” by Martin Brenncke, published in European Public Law, issue 4, volume 25 (2019) edited by Patrick Birkinshaw. This article evaluates the impact of the European Union (Withdrawal) Act 2018 on statutory interpretation and on the role of…
Please find below the journal abstract of “‘Brexit’ and the Boilerplate Clauses in Commercial Contracts” by Paul Aubrecht & Mitja Kovac, published in Business Law Review, Issue 6, Volume 40, 2019 edited by Lisa Zoltowska. Business lawyers and commercial contracting have been stressed by political uncertainty over the past two years. The prospect of states…
Thinking positively ‘Do or die’, the UK will leave the EU by end of October 2019. Since assuming the role of Prime Minister, Boris Johnson has made a number of spending commitments including: £1.85 billion for hospital upgrades and equipment, 20,000 more police officers by 2022, more money for schools, and raising the higher tax…
I write this article on 12 April 2019, shortly after the announcement of the Federal Budget and the announcement of the date for the Federal election. As expected, this period encompassed the usual claim and counter – claim between the major political parties and the usual cynicism that even after the election, the political landscape…
Please find below the abstract of “Brexit Trade Impacts’ and Mercosur’s Negotiations with Europe” by Julio J. Nogués, published in Journal of World Trade, Issue 3, Volume 53 (2019) edited by Edwin Vermulst. We estimate that a hard Brexit (HB) would reduce UK agro-industrial-imports from the EU by around 50%. Following the dismantling of the…
Please find below the abstract of “Future Partnership in EU–UK Cross-Border Civil Judicial Cooperation” by Zheng Sophia Tang, published in European Foreign Affairs Review, Issue 4, Volume 23 (2018) edited by Jörg Monar and Nanette Neuwahl. In the past forty years, the EU has established a very successful and effective civil judicial cooperation scheme that…
Please find below the abstract of “The Criminal Provisions of German and UK Export Control and Sanctions Law” by Malte Wilke & Hinrich Rüping, published in Global Trade and Customs Journal, Issue 1, Volume 14 (2019) edited by Jeff Snyder. Germany and the UK have been among the strongest supporters of a liberal trade policy…
AS THE confusion continues over whether the UK’s exit from the EU will be “hard”, “soft” or “just right”, HM Revenue & Customs (HMRC)has announced certain goods entering Britain from the EU will be allowed through without checks or payment of duty for a temporary period. This approach is consistent with promises from the UK…
Introduction In June 2018, I presented a paper on ‘Trade in Services, Migration and Recognition of Professional Qualifications post-Brexit’ (draft available here) at the third Radboud Economic Law Conference, ‘Upgrading Trade and Services in EU and International Economic Law’. At the time, my interim conclusion (summarised in a blog post here) was that the ideal…
While the eventual outcome of the UK’s withdrawal from the EU remains uncertain, the text of the Withdrawal Agreement (WA) offers some insight into the likely approach of the EU to labour standards in any future EU-UK relationship. The WA was accompanied by a Political Declaration on the Future Relationship. In relation to social and…
Please find below the journal abstract of “VAT and Brexit: The Past, Present and Future” by Jeremy Cape, published in EC Tax Review, Volume 27, Issue 6, edited by B. J. Kiekebeld Exact science rarely emerges during times of febrile political discourse such as that currently revolving around the withdrawal of the UK from the EU….
Please find below the journal abstract of “Brexit and the Common Law Constitution” by Gordon Anthony published in European Public Law Issue 4, Volume 24, 2018 edited by Patrick Birkinshaw. This article considers the implications that Brexit holds for the UK’s ‘common law constitution’ – the body of principles and norms that the courts have developed in case law…
What might happen to the UK’s VAT system after Brexit? Value Added Tax is held up as the paradigmatic example of the process of harmonisation of tax law in the EU. Even in such a famous tax harmonisation example as this, there is still scope for differences in its implementation between Member States. The UK…
Source: https://www.reuters.com The legal position of the UK within the WTO is not in doubt: the UK has always been a full Member of the WTO and will remain so post-Brexit – the problem lies in determining the exact terms and conditions of its membership. It is unlikely that any issues will arise regarding the…
We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Foreign Affairs Review Volume 23, Issue 3, 2018, edited by Jörg Monar & Nanette Neuwahl. Han Dorussen, Emil J. Kirchner, Thomas Christiansen, ‘Security Cooperation in EU–China Relations: Towards Convergence?’ (2018)…
