By Dr Stephen Coutts (DCU School of Law and Government) It is with mild alarm that I read the account, or rather accounts, in Tuesday’s newspapers of the all-Ireland forum to be established by the Irish government to bring together political and civic leaders to identify common interests and to map a way forward … Continue reading
Daniele D’Alvia – Between Risk and Uncertainty: Brexit and its Potential Consequences on the Financial Markets
By Daniele D’Alvia (School of Law, Birkbeck, University of London) Brexit and Financial Markets After the 23rd of June 2016 different opinions started to emerge whether Article 50 TEU[i] should be activated or not. Political and economic concerns in relation to the free movement of goods and services within the single market, and plans about … Continue reading
Stephen Coutts – Brexit and Citizenship: The Past, Present and Future of Free Movement
By Stephen Coutts (Dublin City University) The European Union is a Union of states and citizens. When deciding to withdraw from the European Union, the British people have decided to withdraw from an organisation that purports to create relations not only between governments and states but equally between communities of individuals and citizens. Union citizenship … Continue reading
Liam McHugh-Russell – Fifteen Thoughts on Brexit for the Cosmopolitan Intellectual Elite
By Liam McHugh-Russell (European University Institute) Fifteen Thoughts on Brexit for the Cosmopolitan Intellectual Elite* 1. When I pass through Frankfurt or Amsterdam (and almost inevitably, it is one or the other) from a visit to North America or Asia, I use my British passport to skip the long lines for non-Europeans. Likewise when I … Continue reading
Natasa Mavronicola – What Are the Implications of the Brexit Vote for Human Rights?
By Dr Natasa Mavronicola (School of Law, Queen’s University Belfast) What are the implications of the Brexit vote for human rights? I propose to set out some of the issues raised under 3 thematic umbrellas. The first ‘umbrella’ catches the significance of this vote for the European human rights project in general. The second point … Continue reading
Rachel Davies – Could Germany Offer Young Brits A Life-Vest of EU Citizenship Post-Brexit?
By Rachel Davies (Durham Law School, Durham University) The result of the UK’s recent referendum on its membership of the European Union has thrown up extraordinary amounts of uncertainty, not least of all for EU Citizens residing in the UK as well as their British counterparts living in other Member States. Whilst the new … Continue reading
Alan Greene – Brexit: The People have spoken…but who asked them in the first place?
Dr Alan Greene (Durham Law School, Durham University) ‘The people have spoken, the bastards.’ – Dick Tuck Referendums are blunt tools, framing often complex issues into deceptively simple binary choices. A referendum on membership of the EU was always going to struggle to adequately cover the complexities raised by this question in a constructive form. … Continue reading
Chris Hilson – The EU Referendum: Brexit, Solidarity and Identity
By Professor Chris Hilson (School of Law, University of Reading) The UK referendum on the EU has revealed interesting tensions around solidarity and identity. Free movement of people seems to have been a core concern for a significant proportion of Leave voters. Joseph Weiler once stated that the EU acts as a civilising influence to … Continue reading
Máiréad Enright – Travel to England as the Safety Valve on Ireland’s Abortion Regime – Difficulties After Brexit.
By Máiréad Enright (Kent Law School, University of Kent) In Ireland, Brexit was a feminist issue. Women living in Ireland depend on having reliable access to abortion care services in other EU countries. Abortion is criminalised in Ireland except where necessary to save the life of the mother. In all other cases, women either … Continue reading
Sylvia de Mars, Colin Murray, Aoife O’Donoghue & Ben Warwick – Brexit-ing Northern Ireland: The Challenges Ahead
This post was originally published on the Oxford Business Law Blog. By Dr Sylvia de Mars (Newcastle University), Colin Murray (Newcastle University), Dr Aiofe O’Donoghue (Durham University) & Ben Warwick (Durham University) The votes are in, and it seems that that Northern Ireland will, against the wishes of its voters, be subject to an England-and-Wales-driven ‘Brexit’. … Continue reading
Andrés Delgado Casteleiro – Taking Back Control Over Trade Policy: Art 50 TEU and the Repatriation of Trade Powers
By Dr Andrés Delgado Casteleiro (Durham Law School, Durham University) Regardless of the model for the future relationship between the UK and the EU following the BREXIT referendum, it seems clear that at the end of the withdrawal process the UK will have gained the power to design and implement its own international trade policy. … Continue reading
Dora Kostakopoulou – When Tomorrow Is Yesterday: The Manufacture of an EU Membership Referendum (Part II)
By Professor Dora Kostakopoulou (Warwick Law School, University of Warwick) WHAT IS A STORY? W. B. Gallie, who articulated the ‘essentially contested concepts’ thesis in the mid-1950s,[i] published a book entitled Philosophy and Historical Understanding in 1964. In it, he made a plea towards a more historical understanding of theories, concepts and moral judgements.[ii] He … Continue reading
Pierre Schammo – The UK’s Five ‘noes’ on EU Economic Governance
By Dr Pierre Schammo (Durham Law School, Durham University) In February this year, David Cameron negotiated a so-called ‘new settlement’ for the UK within the EU.[i] This agreement, which will only come into force if the UK stays in the EU, is supposed to strengthen the UK’s ‘special status’ within the EU. It includes, … Continue reading
Ipek Akay – The EU-Turkey Deal: Complicating Matters?
By Ipek Akay (Graduate of Durham Law School, Durham University) The EU-Turkey deal agreed on the 18th of March represents a major milestone for not just the EU Migration Crisis but also the relationship between EU and Turkey. Key points of the deal are: “All new irregular migrants crossing from Turkey into Greek islands … Continue reading
Andreas Georgiou – Anti-Social? A comment on Case C-179/14 Commission v Hungary
By Andreas Georgiou (Durham Law School, Durham University) On 23 February 2016, the Grand Chamber of the CJEU delivered its judgment in Case C-179/14 Commission v Hungary. The Court upheld the Commission’s action for failure to fulfil obligations on the issue of Hungary’s legislative framework for the issuance of tax advantaged recreational vouchers. This comment … Continue reading
Katarzyna Granat – The draft renegotiation deal: A genuine red card? Tusk’s proposal and national parliaments
This post was originally published on the EU Law Analysis Blog. By Dr Katarzyna Granat (Durham Law School, Durham University) The Draft Decision of the Heads of State or Government, ‘A New Settlement for the United Kingdom within the European Union’, unveiled by Donald Tusk on February 2 2016 offers the first concrete vision of the changes … Continue reading
Maria Haag – Case C-299/14 García-Nieto and Others: No benefits for economically inactive Union citizens in the first three months abroad
By Maria Haag (European University Institute) On the 26th of February 2016, the Court of Justice of the European Union (CJEU) gave another judgment on the limits to the right to social assistance granted to economically inactive Union citizens in a host Member State. This decision follows after two recent CJEU cases. In Dano … Continue reading
Dora Kostakopoulou – When Tomorrow Is Yesterday: The Manufacture of an EU Membership Referendum (Part I)
By Professor Dora Kostakopoulou (Warwick Law School, University of Warwick) W. B. Gallie, who articulated the ‘essentially contested concepts’ thesis in the mid-1950s,[i] published a book entitled Philosophy and Historical Understanding in 1964. In it, he made a plea towards a more historical understanding of theories, concepts and moral judgements.[ii] He correctly pointed out that … Continue reading
Katarzyna Granat – Cases C-547/14 Philip Morris, C-477/14 Pillbox 38 and C-358/14 Poland v EP & Council – Subsidiarity Scrutiny: Comments on the Opinion of Advocate General Kokott
By Dr Katarzyna Granat (Durham Law School, Durham University) Introduction This note analyses three opinions of the Advocate General (AG) Kokott in two preliminary references of UK High Court of Justice (C-547/14 Philip Morris and C-477/14 Pillbox 38) and the action for annulment brought by Poland (C-358/14) against Directive 2014/40/EU concerning the manufacture, presentation and sale … Continue reading
Oliver Bartlett – Case C-547/14 Philip Morris Brands – Comment on the Opinion of Advocate General Kokott
By Oliver Bartlett (Liverpool Law School, Liverpool University) Introduction On 23 December 2015, Advocate General Kokott delivered her Opinion in a number of cases related to the adoption of Directive 2014/40/EU, the long awaited and painstakingly-negotiated revision to the EU’s existing Tobacco Products Directive. One of those cases – Case C-547/14 Philip Morris Brands … Continue reading
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