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Stephen Coutts – Irexit by Default? The Maintenance of Open Borders and Constitutional Realignment in the event of a hard Brexit

  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

brexit / Latest Posts / Posts

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

brexit / Latest Posts / Posts

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

brexit / Latest Posts / Posts / Uncategorized

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

brexit / Latest Posts / Posts

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

brexit / Latest Posts / Posts

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

brexit / Latest Posts / Posts

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

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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

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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

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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

brexit / Latest Posts / Posts

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

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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

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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

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Maria Haag – C‑67/14 Alimanovic: the not so fundamental status of Union citizenship?

On the 15th of September 2015, the Grand Chamber of the Court of Justice of the European Union (CJEU) further clarified the limits of the right to access to social assistance granted to Union citizens in host Member States under EU Law. In November 2014, the Court already established in C-333/13 Dano (see previous DELI … Continue reading

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Maria Haag – File for divorce and leave the country: does the order matter? A Comment on Case C-218/14 Singh and Others

On the 16th of July 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in Singh and Others, concerning the divorce of a Union citizen and a third-country national and the retention of the right of residence of the third-country national in the host Member State. It involved three cases in … Continue reading

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Andrés Delgado Casteleiro – Institutional Balance and the Negotiation of International Agreements

This post was originally published on the EU Law Analysis blog. Introduction In last Thursday’s judgment on the Case C-425/13, Commission v Council, the CJEU was asked to determine the scope of the Council’s powers to issue negotiating directives to the Commission and the role of the special committee overseeing the Commission during the negotiations … Continue reading

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Pierre Schammo – A New Capital Markets Union for the EU

Introduction A few months ago, the European Commission (the ‘Commission’) officially launched a major new EU policy initiative. It proposed to establish an EU-wide Capital Markets Union (CMU). The CMU is a flagship initiative of the Commission. It has ambitious objectives. The project is about completing a single EU capital market, but it is also … Continue reading

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Eszter Harsányi-Bélteki – A call for separation or divorce: A comment on the Resolution on the situation in Hungary adopted by the European Parliament on 10 June 2015

On 10 June 2015 the European Parliament adopted a Resolution on the situation in Hungary. This Resolution does not only follow the ‘Tavares Report‘ of the same body, but a list of opinions and reports from other bodies, such as the Venice Commission, cases in the Court of Justice of the European Union and the … Continue reading

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Oliver Bartlett – The Digital Single Market: A Consumer Protection Analysis

Introduction Last week on Wednesday 6 May, the European Commission announced, with no shortage of media fanfare, the launch of one of the flagship policies of the new Junker regime – the Digital Single Market. The Commission Communication, which provides full details of the ambitions for the strategy, can be found here, while a shorter … Continue reading