The European Union (EU) finds its origin in the European Coal and Steel Community (ECSC) of 1951 and the European Economic Community (EEC) of 1957. Since then the EU has developed itself into a political and economic union currently still consisting of 28 Member States. The internal market which ensures the free movement of goods, persons, services and capital is one of the key features of the EU.
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…
Reflecting on digitalization (as a collective term for artificial intelligence, robotization and new technologies) of the workplace draws out the confused intermingling of outcomes and ambitions. The aims of technological innovations entrench an economic understanding of efficiency, often at the expense of social considerations, which pose significant potential to displace human workers. These aims, as…
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…
5G is the most advanced technology in mobile communications. In fall 2018, at the forefront in Europe, Italy arranged a successful multi-billion euro auction for 5G spectrum. On the side, the administration allowed a few operators to convert old WiMax licenses to 5G usage, for a few million euro. A legal battle arose. In November…
On 8 October 2019, Margrethe Vestager passed the test and has been approved by the European Parliament (Parliament) to become the new European Commission’s (Commission) Executive Vice President for digital and commissioner for competition. The European Parliament is due to vote on the proposed College of Commissioners as a whole on 23 October 2019. If…
This post constitutes the latest in a series of blog posts reflecting on the skilled nature of work. In previous posts, I have argued that work is best characterised as skilled productive activity; that the right to work must be understood as the most fundamental right relating to work; and that an important derivative right…
The recent case of FCO and others v Bamieh [2019] EWCA Civ 803 in the Court of Appeal considered a particular aspect of the extra-territorial application of the Employment Rights Act 1996 (“ERA”), namely whether whistleblowing provisions could apply in respect of co-workers employed by the UK government but seconded to the international European Union…
The Regulation establishing the European Labour Authority (‘ELA’) was recently adopted by the European Parliament and the Council and will shortly come into force. It is expected that the ELA will be up and running by the autumn. The ELA is one of many measures which are being introduced as a result of the European…
Introduction This blog constitutes the third instalment in a series of blogs about the nature of work and the purpose of labour regulation, with a specific focus on work in the EU. To recap, thus far I have argued that: All human activity is skilled activity; The hallmark of work is productivity, and hence work…
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…
Last week the Dutch government made international headlines with its share acquisition in Air France-KLM Holding (increasing its stake to 14%). According to the Dutch government the acquisition was justified to have a seat at the table when it comes to the role of the Netherlands (read Schiphol) as an aviation hub to protect the…
The law of obligations and SMEs With its first released decision of 2019, the Ontario (Canada) Court of Appeal added itself to the growing list of Uber litigation Heller v Uber Technologies Inc 2019 ONCA 1. Most often, Uber drivers challenge their employment status. Largely, courts have found against Uber; drivers fall into some aspect…
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…
While there has recently been significant commentary on Chain of Responsibility under the Heavy Vehicle National Law and transport of goods by road the most common manner of importing and exporting goods to and from Australia is by sea. While carriage by sea meets practical requirements of importing and exporting it does carry inherent risk….
On 19 October 2018, the European Commission concluded three agreements with Singapore that will govern the relations between the two markets.[1] In particular, the EU-Singapore Investment Protection Agreement EUSIPA, a mixed agreement that needs to be ratified not only by the European Parliament but also by each Member State, provides for substantive protection standards as…
