BLOG – European Union Law

Retained EU Case Law: A Fourth Option

Kate Ollerenshaw (University of Cambridge) The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020…
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The Rule of Law, the UK’s Advocate-General and Brexit

Alan S. Reid (Sheffield Hallam University) Introduction Brexit is unprecedented in its complexity. However, the very fact that Brexit would wreak legal uncertainty was entirely predictable. Extricating the United Kingdom from the orbit of the European Union legal space was always going to be fraught with legal minefields, given the UK’s 47-year membership of the…
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The Internal Market Bill and Northern Ireland

Clare Rice (Newcastle University) Summary The publication of the UK’s Internal Market Bill (IMB) on 9th September marked a decisive change in course for talks with the EU. Days of speculation about what it would contain after a scoop from journalist Peter Foster sent shockwaves across the globe, with responses from senior figures in the…
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The Internal Market Bill and EU Law

Catherine Barnard (University of Cambridge) The Internal Market Bill, published yesterday, is intended to create a framework for trade to operate across the four UK nations post-Brexit. The problems the UK is having to address are – on a smaller scale – just like the problems that the EU had to face. The EU’s response:…
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The Continuity Bill is Dead, Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit

Christopher McCorkindale (University of Strathclyde), Aileen McHarg (University of Durham) and Tom Mullen (University of Glasgow) Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation…
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The Future of EU Law in UK Law Schools

Stuart MacLennan (Coventry University) EU law has been an integral part of the legal order of the UK since 1973, and features in every qualifying law degree taught in each of three jurisdictions – Scotland, England & Wales, and Northern Ireland – at the date of the UK’s exit. It is, consequently, necessary for those…
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The Impact of Brexit on ‘Bail-Inable’ Liabilities under English Law

Pier Mario Lupinu (University of Luxembourg) Over three years have passed since the unprecedent decision by the UK to trigger Article 50 of the Treaty on European Union in order to withdraw from the EU membership. From that moment on, multiple legal issues emerged, which mostly depend on the finalisation of an agreement setting the…
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Continuity and Change: The Impact of Brexit on UK Employment Law

Niall O’Connor (University of Essex) There is no doubt that the EU has become an important source of employment rights in the UK. The Union has already exercised its legislative competence in fields as diverse as working time, business transfers and collective redundancies. The protection granted in this legislation is often reinforced by fundamental employment…
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John Hume and Northern Ireland’s European Space

Anthony Soares (Centre for Cross Border Studies) During one of the many television news items dedicated to reflecting on the importance of John Hume following his death, a journalist posed the question as to whether the city of Derry had been diminished by his loss. Derry – and indeed Northern Ireland and the island of…
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The July 21 Big Deal: Towards an Ever Closer Union

Ingolf Pernice (Humboldt University) The Special European Council of June 17-21 reached an agreement of a historic dimension: four days of negotiation produced a break-through that would have been unthinkable before the Corona crisis. Beyond the Multiannual Financial Framework the “Next Generation EU (NGEU)” was adopted. The hopeless debate on Eurobonds is over. Although called “an extraordinary recovery…
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The UK Government Created Expectations by IP Investors to then Breach their Trust, Ditching the Unified Patent Court’s Momentum

Riccardo Vecellio Segate (University of Macau) Within the portfolio of initiatives dedicated to enhancing EU’s competitiveness and global outreach, institutions in Brussels have long striven for delivering on the promise of a more coherent system of intellectual property, able to compete on equal footing with the US market and an increasingly assertive China, where legislative…
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A New Eurogroup President – Does it Matter?

George Papaconstantinou (former Finance Minister, Greece) The election of Irish Finance Minister Paschal Donohoe to succeed Portuguese Mario Centeno at the head of the Eurogroup came as a surprise. Nadia Calvino, the Spanish Finance Minister, seemed to be the odds-on favourite, and indeed was just one vote short of securing the Presidency outright in the first…
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Rule of Law in EU’s Asylum Policy in front of The ECJ

Introduction In a recent judgment, the CJEU confirmed that Poland, Hungary, and the Czech Republic breached European Union law (EU law) by not implementing two Council Decisions (here and here; discussed in detail here) for the relocation of asylum seekers after the European refugee crisis in the Mediterranean. In this seminal judgment, the Court of Justice of the European Union (CJEU)…
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Post Brexit Challenges for Criminal Justice Co-operation

Valsamis Mitsilegas (QMUL) Developing a partnership on security and criminal justice co-operation is a key priority for both the UK and the EU after Brexit. That much is evident from the recently published negotiating positions of both the UK and the EU. A reading of these documents reveals a common ambition of the two parties to ensure post-Brexit…
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The Future of EU-UK Relations after the High Level Conference

Ferdinando Nelli Feroci (former Permanent Representative of Italy to the EU) In their virtual meeting of June 15th, the leaders of the EU institutions and the British Prime Minister acknowledged that a new momentum was required in the negotiations on the future relations between the EU and the UK. They also announced their determination to…
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Event Report: Brexit, Covid-19 and the Transition Period

On Thursday 11th June 2020 the DCU Brexit Institute hosted a webinar on ‘Brexit, Covid-19 and the Transition Period’. The event was opened by a keynote speech by Stefaan De Rynck, of the European Commission Negotiating Task Force on EU-UK Relations and continued with a round-table discussion featuring Edoardo Celeste (DCU), Colin Hunt (CEO of…
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Recovery Fund: Reasons to be Cheerful

Jonathan Faull (Brunswick Group) There is a well-established tendency in EU circles, in Brussels anyway, to hear voices and see signs suggesting that the fabled Franco-German machine is sputtering into life. Every election brings a new couple, every crisis a new opportunity, every issue a new need. As always, the good old days were never…
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The Certainty of No Deal post Brexit?

Alan S. Reid (Sheffield Hallam University) Given that horse racing has recently returned to UK shores, the nation can once again partake in one of its favourite pastimes – taking a punt. The biggest gamble facing the United Kingdom beyond the Covid-19 pandemic is the default of No-Deal Brexit after the expiry of the transition…
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The Karlsruhe Judgement: More Consequences Outside the Eurozone than Inside?

Agnieszka Smolenska (EBI & EUI) On 5 May the German Constitutional Court rejected the argument brought before it by a number of German economists that the ECB’s bond purchasing programme, the PSPP, violated the notorious prohibition of monetary financing enshrined in the EU Treaty (Art. 123 TFEU). As part of the program, the ECB has purchased 2 trillion…
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The UK’s Approach to the Northern Ireland Protocol

Aoife O’Donoghue (Durham Law School) The publication of the UK’s Approach to the Northern Ireland Protocol is not a moment of clarity. Those wanting detail on how Northern Ireland will fit into the UK and EU’s future trade relations with each other and the rest of the world are not given much beyond what we…
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Europe at 70: New Challenges Ahead

Gilles Grin (Jean Monnet Foundation for Europe and the University of Lausanne) On 9 May 2020 Europe will celebrate the 70th anniversary of the Schuman Declaration inspired by Jean Monnet. The date of this Declaration represents a landmark in European history, taking place only five years after the end of the Second World War, as…
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Beyond the Pandemic: More Integrated EU-wide Public Debt Instruments?

Albert Sanchez Graells (Bristol Law School) Beyond its terrible death toll and massive public health implications, the COVID-19 pandemic and the lockdown measures put in place to try to contain or mitigate it are bound to have severe and long-lasting economic effects. The European Union (EU) and its economic and financial governance now face very…
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‘The Thin Ice’: Three Questions on Emergency and the Rule of Law

Francesco Rossi (University of Ferrara) ‘The crack in the ice’: what would you expect to witness in the wake of an emergency? Imagine waking up the morning after the next pandemic. What would you expect to witness? This question will recall readers of the first page of one of Bruce Ackerman’s books on restriction to…
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Covid-19: New crisis, New Existential Challenge for the EU?

Patrick Bijsmans (Maastricht University) A few months back I read Anu Bradford’s much-debated article ‘The Brussels Effect’. Her main argument: through its stringent regulations the EU has set standards for countries across the world, shaping polices on a wide range of issues, from chemicals to privacy. Bradford has elaborated on the argument in a recently…
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The Conference on the Future of Europe: Reforming the European Union?

Miriam Postiglione (Università degli Studi di Milano) As it has been announced by the Commission and the European Parliament, the Conference on the future of Europe [Ed: recently analysed by the Brexit Institute Working Paper Series here] is (was?) meant to start on Schuman day – i.e. May 9th, 2020 – which has also a…
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22 Years after the Good Friday Agreement: Brexit, Covid-19 and New Governments

John Doyle (Dublin City University) On 10 April 1998 the Good Friday Agreement was reached in Northern Ireland, bringing a 25 year old armed conflict to a conclusion and paving the way for a new political system based on power-sharing in Northern Ireland, greater North-South integration on the island of Ireland and a positive collaborative…
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The Good Friday Agreement, the Northern Ireland Protocol and Eternal Vigilance

John Cotter (Keele University) The 10th April will mark the twenty-second anniversary of the signing of the Good Friday Agreement. The contemporary public health crisis aside, it is quite likely that the Agreement would have received less attention this year than it has in the past four years. Throughout the fraught period in which the…
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The Good Friday Agreement and Irish Unification: Constitutional Issues

Oran Doyle (Trinity College Dublin) The Good Friday Agreement, which marks its 22nd anniversary this Good Friday, built a new model of power-sharing politics on the foundation of a territorial compromise. On the one hand, Ireland and Irish Nationalists accepted the legitimacy of Northern Ireland’s status as a component part of the United Kingdom. On…
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Covid-19 and EU Integration: Back to the Origins?

Chiara Graziani  (University of Genoa) The spread of the “new” Coronavirus (Covid-19), besides shedding light on several challenging public law issues, opens up to considerations about relationships between the European Union (EU) and member states in times of public health emergency. At the domestic level, Coronavirus gave rise to disparate responses among EU countries. The first…
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On Brexit: the Multidisciplinary Question of how EU Law Travels

Elaine Fahey (City, University of London) How EU law travels,[1] how it is forced upon or foisted upon or voluntarily accepted by third countries, partners, associations or regions is a vast multi-disciplinary question.  Brexit has exposed an important debate as to the gap between the travel of EU law and how much ‘travel’ partners need…
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Brexit at the Time of Coronavirus

Federico Fabbrini (Dublin City University) “Events, my dear boy, events” – this is what, according to a (disputed) apocryphal statement, UK Prime Minister Harold McMillan famously replied to a journalist when asked what is most likely to blow governments off course. This has never been truer than with coronavirus – a new, severe acute respiratory…
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The Impact of Brexit on the Protection of LGBT Rights in the UK

Alina Tryfonidou (University of Reading) On 23 June 2016, the British people voted in a referendum narrowly in favour of leaving the EU. After a long period of negotiations – and two general elections – the UK left the EU on 31 January 2020; there is currently a transition period until the end of 2020.…
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Brexit and the Process of EU Enlargement

Aleksandra Čavoški (University of Birmingham)  The UK’s relationship with the enlargement of the European Union was always ambivalent. The UK was initially a strong proponent of EU enlargement, particularly in the 1990s. Being opposed to furthering political union in the EU, the UK regarded enlargement as a way of preventing deepening integration and federalism. With…
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Brexit and the GDPR in Transition

Giovanni De Gregorio (University of Milano Bicocca) On 31 January 2020, Brexit occurred. The United Kingdom left the European Union and a new transition period began until the end of 2020. During this period EU rules will remain in force while the relationship been the UK and EU will be subject to negotiation. This rule…
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Behind the Scenes of Brexit: An Inside Look on the Work of UK Supreme Court

Simon Drugda (University of Copenhagen) The UK referendum on its continued membership in the European Union had taken place on June 16, 2016, but it took almost four years until the country eventually left the EU on January 31, 2020. During that time, the Supreme Court decided twice on questions related to the withdrawal of…
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The EU-UK Negotiations and the Mandate of the European Commission

Giovanni Zaccaroni (DCU Brexit Institute) On 25 February 2020, the Council formally appointed the European Commission as the post-Brexit negotiator between the EU and the United Kingdom. This is the formal opening of Phase Two of Brexit and responds to the need, according to the Art. 218 TFEU procedure, to have a single EU negotiator…
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The Brexit Institute Blog in 2020: Updates

The last part of 2019 and the beginning of 2020 have seen tremendous developments on Brexit and on European Union law and policy. We have seen a change in the UK government (in July) and in power (in December). The Von der Leyen Commission took oath in December and started to shape the Brexit debate.…
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Brexit and Union Citizenship: A Retrospective

Stephen Coutts Union (EU) Citizenship has been at the heart of the Brexit process in at least three ways. Firstly, the perceived problems associated with EU migration is considered one of the core reasons behind the vote to leave the European Union in 2016. Secondly, it formed one of three central issues – alongside the…
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Brexit and Ireland

Gavin Barrett (UCD Sutherland Law School) 31 January 2020 will go down in history as the date on which Brexit took place. Its economic effects, however (because it has been followed by a transition period under Article 126 of the Withdrawal Agreement) will not be felt before the end of 2020  – and potentially not…
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Brexit Phase 2: the Negotiating Directives of the European Commission

Giovanni Zaccaroni (DCU Brexit Institute) The European Commission has recently released a recommendation to the Council to open negotiations on a new partnership with the United Kingdom, and Phase 2 of the Brexit process is now officially open. This demonstrates that, against the odds of what many politicians in the United Kingdom maintained, Brexit is…
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The Proud, Sovereign, Independent Nation that is the United Kingdom: What next?

Alan S. Reid (Sheffield Hallam University) Brexit is done. The General Election result of December the 12th 2019 provided certainty. That certainty is that the UK leaves the EU on the 31st of January 2020, at 12am Central European Time. However, Getting Brexit Done does not eliminate uncertainty. Indeed, if anything is certain, it is…
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Brexit is done? Brexit has only just begun

Joelle Grogan (Middlesex University) From 11.01 pm (or 12.01 pm Brussels time) on 31 January 2020, the UK will no longer be a Member State of the European Union. The Withdrawal Agreement between the UK and the EU which determines the process of the UK’s departure from the EU was signed in Brussels on 28…
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Brexit and a Brief History of Time

John Cotter (Keele University) On the 2nd September 1752, the people of Great Britain and its Empire went to bed as normal. When they woke up the following morning, they had lost eleven days; it was now the 14th September 1752. This curious occurrence was not owing to a bout of mass hibernation or carelessness,…
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The British Popular Sovereignty Model: A Play in Three Acts

Rivka Weill (Harry Radzyner Law School) Boris Johnson is a familiar name in every household around the world. But, Earl Grey is typically associated with tea. Earl Grey was the Whig Prime Minister during the passage of the Great Reform Act of 1832 that began the democratization of the electoral system in the UK. The…
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Eurozone Reform and Differentiated Integration after Brexit

Agnieszka Smoleńska (European University Institute) The Eurozone Summit of 13 December 2019 appeared somewhat anticlimactic. EU leaders were due to agree on the reform of the European Stability Mechanism (ESM) and give their final blessing to the Eurozone budget nucleus, the BICC (Budgetary Instrument for Convergence and Competitiveness). In the end, all decisions were postponed to June 2020.…
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Conferred Powers, Proportionality and Non-discrimination in the Czech Firearm Case

Niels Kirst (Dublin City University) Introduction On the 3rd of December 2019, the European Court of Justice (hereafter ‘the Court’ or ‘CJEU’) gave its final verdict on the so-called Czech firearms case. In this detailed judgment which gives guidance on the law-making in the European Union (hereafter ‘the EU’), the Court touched on many principles of EU…
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Brexit Post-Election: Politics, Economics and Time

Paul Craig (University of Oxford) Political change is rarely uniform across time. This is so whether viewed from a short or long-term perspective. Consider recent events. We all became inured to the battle-ground in the Commons, wherein deftness of strategy in relation to Commons Procedure, combined with voting numbers, was the name of the game.…
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Event Report: Brexit and the New EU Institutional Cycle  

Jasmine Faudone (DCU Brexit Institute) On 12th December 2019, the Brexit Institute hosted an event on ‘Brexit and the New EU Institutional Cycle’, organized in partnership with the German – Italian Centre for European Excellence at Villa Vigoni, with the support of the European Parliament Information Office in Ireland. The event featured a keynote speech given by…
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Brexitland 2020: What next?

Alan S. Reid (Sheffield Hallam University) Brexit is finally getting done. The winter UK General Election of 2019 has cemented the Brexit process. The result was not wholly unexpected. Three and a half years of dithering, parliamentary gridlock, lack of political vision and uncertainty over what Brexit really means took its toll on a weary…
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Brexit: The End, The Beginning of The End or Just The End of The Beginning

Federico Fabbrini  (Director of the Brexit Institute) On Thursday 12 December 2019, the United Kingdom voted. And it voted for Brexit again. Confirming predictions, the second general elections in three years turned out to be a resounding victory for the Conservative Party of Boris Johnson, who will return to 10 Downing Street as the Prime…
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Back to the Future with the VDL Commission

Patrick Bijsmans (Maastricht University) Finally. Jean-Claude Juncker has bid us ‘au revoir’ via his own edition of the Politico Playbook and the new Von der Leyen Commission started earlier this month. Things didn’t go as smoothly as some had hoped, with the European Parliament blocking three of the candidate Commissioners (László Trócsányi, Hungary; Rovana Plumb,…
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Brexit and the conservation of biodiversity

Stefano Canessa (Ghent University), Alejandra Morán Ordóñez and Virgilio Hermoso (InForest) Although the political situation remains fluid, at present the United Kingdom is set to leave the European Union, and with it the EU’s ambitious Biodiversity Conservation Strategy, its landmark Directives, the Natura 2000 network of protected areas (the world’s largest), and other policy frameworks…
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The legal implications of Brexit for the Alternative Investment Fund Industry

Alexandros Seretakis (Trinity College Dublin) Following the decision by the UK to leave the EU, the European alternative investment fund industry has been confronted with legal uncertainty regarding the post-Brexit relationships between market participants in the EU and the UK. The UK’s asset management industry is the second largest in the world and the largest…
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The Achilles Heel(s) of the EU and UK Criminal Justice System in the Brexit saga

Francesco Rossi (University of Ferrara) Introduction The entrance of the United Kingdom into the European Community pursuant to the European Community Act (1972) started a process of Europeanisation of UK law. The UK legal system has undergone profound transformations from the outside, but it has also driven the development of EU law by exporting strategies…
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Ten Months Later: A Retrospective of Wightman

Ten Months Later: A Retrospective of Wightman John Cotter (Maastricht University)   It is now almost ten months since the Court of Justice handed down its ruling in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. At the time of the ruling, I felt that the Court of Justice…
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Event Report: Brexit and Data Protection

Jasmine Faudone (Brexit Institute) On October 17th 2019 the Brexit Institute hosted the event “Brexit and Data Protection” at the Talent Garden-DCU Alpha, sponsored by Dublin Airport, AIB Ireland, Arthur Cox Law and Grant Thornton. This was also the occasion for the launch of the new MA Program in “Data Protection and Privacy Law”. Professor…
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What To Expect (From the EU Council) When You Are Expecting A Brexit Deal

What To Expect (From the EU Council) When You Are Expecting A Brexit Deal   Nikos Skoutaris (University of East Anglia) The ardent proponents of Brexit have long argued that a Brexit deal would only be done at the very last minute. According to that mythology, during the final European Council, a panic-driven EU would…
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 Brexit and Blockchain Technology

This article is the first of a Brexit Institute Blog Series on “Brexit and blockchain technology”, where we aim to assess the impact of blockchain on the Brexit process under various perspectives. Other contributions are going to be featured in the coming weeks.  Brexit and Blockchain Technology     Lory Kehoe (Consensys) A cornerstone of…
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Some Consequences of a Brexit for EU Decentralised Agencies

Merijn Chamon (Maastricht University)   This blogpost expands on two of the consequences that a Brexit may have or has already had for the EU’s Decentralised Agencies. Relocation While the UK’s withdrawal from the EU has not been carried through yet, the UK’s notification of its intent to withdraw from the EU (pursuant to Article…
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An Historical Perspective on Brexit: Six Theories

An Historical Perspective on Brexit: Six Theories     Gilles Grin (Jean Monnet Foundation for Europe and University of Lausanne) The United Kingdom and the European Union are just weeks ahead of the 31 October 2019 deadline when Brexit is supposed to happen. The future is yet to be written but it may be interesting…
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An alternative to the Irish Backstop: an All-Ireland “Common No-Custom Area”

An alternative to the Irish Backstop: an All-Ireland “Common No-Custom Area” as a Frontier Traffic Area under Art. 24 of GATT for products originating in the island (“Ireland-Made”), allowing regulatory divergence by the UK in respect of the EU without necessitating a hard border in Ireland     Giorgio Sacerdoti (Università Bocconi) and Niall Moran…
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Thanks to Brexit: An ever-closer Union in financial supervision

Thanks to Brexit: An ever-closer Union in financial supervision     Nathan de Arriba-Sellier (Leiden and Rotterdam Universities) Three years after the referendum, the path to Brexit has proven to be a litmus test for European supervisory arrangements. In addition to the preparations led by proactive and cooperating British and European authorities, a large reform…
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The importance of being equivalent: Brexit and financial services

The importance of being equivalent: Brexit and financial services     Scott James (King’s College London) & Lucia Quaglia (University of Bologna) Over the summer, the impasse in the negotiations concerning a new framework agreement between the European Union (EU) and Switzerland led to the EU’s withdrawal of Switzerland’s equivalence status in finance. This move…
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Event Report: “Brexit, the Irish Economy and the Future of European Fintech”

On 16 September 2019 the Brexit Institute, in cooperation with Dublin Airport Central, has hosted an event on “Brexit, the Irish Economy and the Future of European Fintech”. The event, opened by Dalton Philips (CEO of Dublin Airport), Brian MacCraith (President of DCU) and Federico Fabbrini (Director of the Brexit Institute) was heavily attended and…
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Brexit and the future of Fintech  

This article introduces the event “Brexit, the Irish Economy and the Future of European Fintech” that will be hosted by the Brexit Institute at Maldron Hotel Dublin Airport on Monday, 16 September 2019. The event features a keynote speech given by Paschal Donohoe (Minister of Finance of Ireland).     Brexit and the future of Fintech…
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No Deal, No Backstop: The Potential Impact on Northern Ireland

No Deal, No Backstop: The Potential Impact on Northern Ireland   Cameron Boyle (Immigration Advice Service) As we hurtle towards our Brexit deadline of the 31st of October, the prospect of leaving without a deal appears increasingly likely. Not only this, but Boris Johnson has now described the Irish backstop – a means of ensuring…
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The Common Travel Area and GATS Art. V

The Common Travel Area and GATS Art. V Charlotte Sieber-Gasser (DCU Brexit Institute) The Common Travel Area and Movement across Borders between Ireland and UK As all of Europe is taking precautionary measures for the scenario of a No-Deal Brexit, let’s take a look at the Common Travel Area (CTA) and its ability to protect free…
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The Temporary Movement of Service Sector Workers After Brexit

The Temporary Movement of Service Sector Workers After Brexit Johanna Jacobsson (IE Law School) Public discussion on Brexit has focused more on goods than services. That is understandable considering that trade in services is harder to explain and harder to put in numbers. It is also harder to liberalize than trade in goods. However, explaining services…
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Brexit’s Implications for UK-EU Relations in Justice and Home Affairs

Brexit’s Implications for UK-EU Relations in Justice and Home Affairs Christine Andreeva (Dublin City University)  The EU’s Area of Freedom Security and Justice (AFSJ; also referred to as Justice and Home Affairs – JHA) has a very specific mandate as compared to other EU policy areas. Officially a shared competence since the 2009 Lisbon Treaty, the…
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Not United, but Linked in Negotiations with the EU: Switzerland and the UK

Not United, but Linked in Negotiations with the EU: Switzerland and the UK Charlotte Sieber-Gasser (DCU Brexit Institute) Since its decision not to join the EEA in 1992, Switzerland has been continuously negotiating with the EU on various aspects of cooperation, participation and integration. Most recent negotiations about an institutional framework to some of the…
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Switzerland-EU Bilateralism: From Pragmatism to Mutual Frustration

Switzerland-EU Bilateralism: From Pragmatism to Mutual Frustration Cenni Najy  (University of Geneva) Switzerland’s European integration trajectory has been unique and very puzzling to most observers. Switzerland is indeed a particular case. It is the only country of Western Europe not to have joined the EU or the multilateral association offered by the European Economic Area…
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Brexit, the Euro Summit, and Eurozone Governance Reform

Brexit, the Euro Summit, and Eurozone Governance Reform Ian Cooper (DCU Brexit Institute) Last week’s summit of EU leaders was actually two separate meetings. On Thursday there was a meeting of the European Council, the heads of state and government of all 28 EU member states, which defines the political direction of the EU as…
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BREXIT and Terrorism: EU Law on Terrorism Facing the Threat of BREXIT

BREXIT and Terrorism: EU Law on Terrorism Facing the Threat of BREXIT  Ferdinando Angeletti (La Sapienza University) and Giangiuseppe Pili (Dublin City University)   Introduction UK’s exit from the European Union is still not completed: according to the procedure defined by Article 50 of the European Union Treaty (so-called Brexit) the process is not finished yet.…
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European elections, European values, and Brexit

European elections, European values, and Brexit Sébastien Platon (Bordeaux University)   The results of the recent European elections have shown a massive reshuffling of the European political landscape. The two European parties which have dominated the European Parliament for decades, the European People’s Party (EPP, centre-right) and the Socialists & Democrats (S&D, centre-left) suffered a…
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Ad Kalendas Graecas? The Future of Brexit and Its Consequences for the EU

Ad Kalendas Graecas? The Future of Brexit and Its Consequences for the EU Federico Fabbrini (DCU Brexit Institute) On 10 April 2019 the European Council unanimously accepted a second request by Prime Minister Theresa May to further postpone the withdrawal date of the United Kingdom (UK) from the European Union (EU). Almost three years since…
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Brexit in the Spirit of the Treaties

Brexit in the Spirit of the Treaties Ton van den Brink (University of Utrecht) A new phase of Brexit uncertainty has started now that the British Prime Minister has asked for an extension of Article 50. Uncertainty on whether the EU will agree on the length of the extension, on how it will be used…
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The EU Should Insist on a Long Extension of Article 50

The EU Should Insist on a Long Extension of Article 50 Nicolai von Ondarza (SWP) After the renewed rejection of Theresa May’s withdrawal agreement and the symbolic rejection of a No-Deal-Brexit, the question of the extension of the exit process is now the main focus of the Brexit drama. On Wednesday, 20 March, Theresa May…
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A Week is a Very Long Time in Brexitland

A Week is a Very Long Time in Brexitland Alan S. Reid (Sheffield Hallam University) Brexit continues to surprise, dismay and amaze in equal measure. Like any good soap opera, a good cliff-hanger ending is required at the end of every episode of Brexitland 2019. This week and last week were no different, producing notable…
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Fog In Channel – The Continent is Confused

Fog in Channel – The Continent is Confused Pietro Manzini (University of Bologna) Perhaps the famous headline ‘Fog in Channel – the Continent is cut off’ is a fake, but certainly in these days of Brexit the Channel is full of fog and the Continent – from where I write – is very confused. With…
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The Failure of the EU-UK Legal Guarantees to Save the Withdrawal Agreement

The Failure of the EU-UK Legal Guarantees to Save the Withdrawal Agreement Chloé Papazian (DCU Brexit Institute) Exactly three months have passed since the UK Prime Minister Theresa May postponed the vote by the House of Commons on the withdrawal agreement on 11 December 2018. The following day, she embarked upon a European tour to…
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A Fiscal Capacity for the Eurozone: Constitutional Perspectives – Executive Summary

By Federico Fabbrini (Dublin City University) The European Parliament’s Committee for Constitutional Affairs (AFCO) recently asked Prof. Federico Fabbrini, Director of the DCU Brexit Institute, to write an in-depth report on the Economic and Monetary Union (EMU). The report “A Fiscal Capacity for the Eurozone: Constitutional Perspectives” is available here. This is a summary of the…
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UK and EU Intelligence Communities in an Age of Durable Disorder After Brexit

UK and EU Intelligence Communities in an Age of Durable Disorder After Brexit Giangiuseppe Pili (Dublin City University) Brexit is a major challenge for the present and future security policy of both the UK and the EU. Indeed, all the different possible scenarios show that Brexit will pose several issues inside the current security environment.…
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Brexit and the UK’s Self-Exile from Joint Parliamentary Scrutiny of Europol

Brexit and the UK’s Self-Exile from Joint Parliamentary Scrutiny of Europol Ian Cooper (DCU Brexit Institute) Today in the Romanian Parliament, there is a meeting of a body tasked with the democratic oversight of Europol, the EU Agency for Police Cooperation. It is called the Joint Parliamentary Scrutiny Group (JPSG), and it includes representatives from both the…
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The Future of the All-island Single Electricity Market Post-Brexit

The Future of the All-island Single Electricity Market Post- Brexit Dr. Tanya Harrington (Powerscourt Group)   Introduction The Single Electricity Market (SEM) has a proud 12-year long track-record of delivering secure electricity supplies to citizens on the island of Ireland. It is emblematic of EU energy policy for regional governance in terms of the degree…
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The Affective Understanding of Post-Brexit European Integration

The Affective Understanding of Post-Brexit European Integration Simona Guerra (University of Leicester) Theofanis Exadaktylos (University of Surrey) Roberta Guerrina (University of Surrey) Euroscepticism as a subject of research has taken a new turn following the 2016 British referendum to leave the European Union (EU) in terms of blame attribution and political polarization. Chris Flood had already…
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Emerging Post-Brexit Relations of Switzerland with the EU and the UK: New Year, New Treaties?

Emerging Post-Brexit Relations of Switzerland with the EU and the UK: New Year, New Treaties? Charlotte Sieber-Gasser (University of Lucerne) In its relations with Europe, Switzerland relies on more than 120 treaties regulating partial integration and sectoral market access in the EU and in the EFTA. The centrepiece of market access and partial integration treaties, the so-called…
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The Future of UK-EU Development Cooperation After Brexit: Finding a New Point of Departure

The Future of UK-EU Development Cooperation After Brexit: Finding a New Point of Departure Emmanuel De Groof and Andrew Sherriff  (European Centre for Development Policy Management – ECDPM) On Tuesday 15 January, the draft withdrawal agreement – the result of 18 months of intense negotiations between British Prime Minister Theresa May’s government and the European Union…
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Preparing for Doomsday: Financial Services After a No-Deal Brexit

Preparing for Doomsday: Financial Services After a No-Deal Brexit Ioannis G. Asimakopoulos (University of Luxembourg) Introduction They say that real life writes the best plots, and that could not be more true than in the case of Brexit. And while the majority of MPs in Westminster do not favour a no deal Brexit, and while economic…
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Article 50 After Brexit: Reforming Withdrawal and Opt-Outs from the EU

Article 50 After Brexit: Reforming Withdrawal and Opt-Outs from the EU Oliver Garner (European University Institute) On 15thJanuary 2019, the House of Commons is scheduled to finally hold the ‘meaningful vote’ on whether to adopt or reject the UK-EU Withdrawal Agreement. Despite the prevarication of the Prime Minister in delaying the vote that was originally scheduled…
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The ECJ Confirms that Article 50 Notification can be Unilaterally Revoked

Case C-621/18, Wightman v Secretary of State for Exiting the European Union: The European Court of Justice confirms that Article 50 notification can be unilaterally revoked Oliver Garner (European University Institute) Introduction On 10 December 2018, the European Court of Justice (ECJ) delivered its judgment in the Wightman case on the revocation of a notification of…
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Defence, Security and Brexit: Ireland’s Dilemma

Defence, Security and Brexit: Ireland’s Dilemma Kenneth McDonagh (Dublin City University) EU security and defence cooperation has always existed in something of a quantum state – we can know where we are or how fast we’re moving but not both at the same time. In recent weeks both Emmanuel Macronand Angela Merkel have called for versions…
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Event Report: Brexit and Aviation

Event Report: Brexit and Aviation Gabriel Grigore (Dublin City University) On 15 November 2018, the DCU Brexit Institute, in partnership with Dublin Airport Central organised a half-day conference on Brexit and Aviation, hosted at the Grant Thornton headquarters, in Dublin. After an opening message of welcome from Michael McAteer (Managing Partner, Grant Thornton), this event…
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Dispute Resolution in the Brexit Deal: Is There Salvation Outside the CJEU Church?

Dispute Resolution in the Brexit Deal: Is There Salvation Outside the CJEU Church? Filippo Fontanelli (Edinburgh Law School) On 14 November 2018, the Commission published the Draft Agreement on the withdrawal of the UK from the EU (the Draft Agreement). The Draft Agreement is a draft of an international agreement between the post-Brexit EU and…
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We Need to Talk About Brexit and Aviation

Upcoming Event: Brexit and Aviation, November 15. Full details here. Barry McMullin (DCU School of Electronic Engineering) I recently received an invitation from the DCU Brexit Institute to its event to be held today on the subject of Brexit and Aviation. It seems like an important and timely topic, with an excellent line up of expert and…
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Brexit and Aviation: The Fate of the Emissions Trading Scheme

Upcoming Event: Brexit and Aviation, November 15. Full details here. Andrew Murphy (Transport & Environment) In the jumble of issues that Brexit touches on, aviation is one that manages to regularly make headlines. From concerns about British manufacturing jobs in the sector, to allegations that Ireland is threatening access, to the risk posed to British holiday makers, aviation…
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Brexit and Aviation: Expect Disruptions Even if There Is a Deal

Upcoming Event: Brexit and Aviation, November 15. Full details here. Cathal Guiomard (Dublin City University) Aviation is overwhelmingly an international business. On it depend key business and political flows – trade in goods and services, face-to-face communications based on crucial business and political travel, as well as everyday tourism and student backpackers. Some of the principles…
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Will a Hard Brexit Lead to a Hard Border? WTO Law and the Backstop

Will a Hard Brexit Lead to a Hard Border? WTO Law and the Backstop Chloé Papazian (Dublin City University) On 7 December 2017, the EU and the UK Government concluded in a Joint Report that they should agree on a so-called ‘backstop’ solution for the Irish border to prevent a border between Ireland and Northern Ireland.…
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After a No-Deal Brexit, Would the UK Remain in the EEA by Default?

After a No-Deal Brexit, Would the UK Remain in the EEA by Default? Yuliya Kaspiarovich (University of Geneva) and Nicolas Levrat (University of Geneva) Brexit is a journey on uncharted waters. Diplomats, political scientists, economists and legal scholars have neither precedent nor theoretical framework to appraise and analyse the situation. If art. 50 TEU (Treaty on European Union)…
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Brexit and the Law: A Bird’s Eye Perspective

Brexit and the Law: A Bird’s Eye Perspective Stephen Coutts (Dublin City University)   Introduction Brexit has become a veritable industry and legal writing is no small part of this massive and recent production. On the legal side there has been detailed and systematic analysis of the actual process of Brexit, the operation of Article 50 and…
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The White Paper’s Answer to the ‘Brexit Trilemma’ (Part II)

The White Paper’s Answer to the ‘Brexit Trilemma’ (Part II) Chloé Papazian (European University Institute/ Dublin City University) The previous blog on this issue argued that the UK Government’s White Paper published on 12 July 2018 reflects a fundamental trilemma that the UK faces with respect to its future relationship with the EU and its trade…
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The White Paper’s Answer to the ‘Brexit Trilemma’ (Part I)

The White Paper’s Answer to the ‘Brexit Trilemma’ (Part I) Chloé Papazian (European University Institute/ Dublin City University)   On 12 July 2018, the UK Government issued its long-awaited White Paper setting out its proposals for the future relationship between the United Kingdom and the European Union. The Government dedicates a large portion of the…
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Event Report: Brexit, Customs and Trade

Event Report: Brexit, Customs and Trade Cornelia-Adriana Baciu On 14 June 2018, the DCU Brexit Institute organized an event on “Brexit, Customs and Trade”. This event featured an opening keynote speech by Michael Russell, Scottish Minister for UK Negotiations on Scotland’s Place in Europe, followed by an expert panel discussion and a closing keynote speech…
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Brexit, Customs and Trade

Brexit, Customs and Trade Edgar L. W. Morgenroth (Dublin City University) Edgar Morgenroth is Professor of Economics at the DCU Business School. He will be speaking in Dublin on 14 June at a public event on “Brexit, Customs and Trade” organized by the DCU Brexit Institute. The event will also feature keynote speeches by Michael…
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Norway’s EU Lessons — How Transferable Are They to the UK?

Norway’s EU lessons – How Transferable Are They to the UK? John Erik Fossum (ARENA, University of Oslo) Hans Petter Graver (Department of Private Law, University of Oslo) The purpose of this short blog entry is to consider the transferability to the UK of some of the lessons from Norway’s EU experience, as these were…
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A Critical Perspective on “Associate EU Citizenship”

A Critical Perspective on “Associate EU Citizenship” Martijn van den Brink (Max Planck Institute, Göttingen) Dimitry Kochenov (Faculty of Law, University of Groningen) Brexit will almost inevitably result in a significant loss of rights, in particular for UK citizens. They will lose their EU citizenship and the EU citizenship acquis will not apply in the…
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The Institutional Consequences of a Hard Brexit – Key Findings

The Institutional Consequences of a Hard Brexit – Key Findings by Federico Fabbrini (Dublin City University) The European Parliament’s Committee for Constitutional Affairs (AFCO) recently asked Prof. Federico Fabbrini, Director of the DCU Brexit Institute, to write an in-depth report on the Institutional Consequences of a Hard Brexit. The report has just been published and…
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UK-EU Intelligence Information Sharing after Brexit

UK-EU Intelligence Information Sharing after Brexit Chiara Graziani (University of Genoa) Intelligence information sharing is a crucial issue in the Brexit negotiations. The most recent stance of the UK government on EU-UK security cooperation, of which intelligence information sharing is part, was expressed in the government “Future Partnership Paper”, published in September 2017, and reinforced at…
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Labour Standards and the Future EU-UK Trade Agreement

Labour Standards and the Future EU-UK Trade Agreement Mark Bell (Trinity College Dublin) There was relatively little attention paid to labour standards in the Brexit negotiations on the Withdrawal Agreement. Of course, the free movement of workers and the rights of EU citizens has been a core issue in these discussions, but those aspects of…
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Can UK and EU Environmental Law Stay Aligned After Brexit?

Can UK and EU Environmental Law Stay Aligned After Brexit? by Roderic O’Gorman (Dublin City University) One of the most significant achievements of the European Union is the range of integrated environmental protection regimes it has developed, in diverse areas including biodiversity, climate change, water quality and air pollution. Britain’s exit from the EU will…
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Transport and Trade Implications of Brexit

Transport and Trade Implications of Brexit by Edgar Morgenroth (Dublin City University) While it is generally accepted that Brexit will have a significant impact on UK-EU trade, the precise ways in which trade flows might be impeded is not often discussed. One important area where Brexit is likely to affect goods trade flows is through…
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Event “Brexit, Climate and Energy Policy”

On February 15, 2018, the DCU Brexit Institute held an event on “Brexit, Climate and Energy Policy” organised in partnership with the Irish Environmental Protection Agency and the Political Studies Association of Ireland. The event was hosted by Arthur Cox.

Opening Keynote Speech by Enrico Letta (former Italian Prime Minister and Dean of the Paris School of International Affairs, Sciences Po Paris)

Enrico Letta spoke about Brexit being one of the most important challenges of our times, even though, as he reminded the audience, it is not as important in France and Italy as it is in Ireland. Before continuing, he gave warning that the topic is complicated and he cannot see a happy end of Brexit. The Union risks and will lose most in the area of energy and climate. In these topics the UK had a big leading role and therefore losing the UK is a loss for the EU.

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What will Brexit mean for climate change?

Opinion: Brexit is causing deep uncertainty across a range of policy spheres so what will it mean for Europe’s efforts to combat climate change?

The scale of the decarbonisation challenge facing the world is nothing short of daunting. According to the UN Environment Emissions Gap Report 2017, climate change policy pledges made by governments around the world cumulatively amount to only approximately one-third of what is required to limit global warming to two degrees Celsius, a key danger threshold set by climate scientists.

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Which Data Flow after Brexit? Preliminary insights on the UK Data Protection Bill

The EU is widely recognized as having one of the strongest data protection regimes in the world. The right of protection of personal data is codified in Article 8 of the Charter of Fundamental Rights of the EU.  However, as with so much else, this regime has been cast into doubt by Brexit. Immediately after the results of the Brexit referendum, scholars pointed out that “data protection has the potential to be among the issues that “make” or “break” a possibly successful Brexit” (see this article by de Hert, Papakonstantinou) It is unclear what sort of political and legal solutions will be found for this problem.

The crux of the discussion can be summarized as the need to continue guaranteeing Data Flow. The question is how to fuel Data Exchange and Data Transfer between the UK and the EU  since this Data Flow is the cornerstone for both private economic activities and (above all) for police and judicial cooperation. This will certainly require a general legal framework that guarantees the complex and increasingly refined system of legal protection of individuals concerning their personal information and their rights concerning these data.

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Public Procurement and Brexit: The Risk to Ireland

Public procurement refers to the purchase of goods, works and services by the public sector (and organizations funded in the main through public monies).

In Ireland, as undoubtedly in many other countries, interest in public procurement appears to be inversely related to the fortunes of the economy. In times of economic prosperity the procurement of goods and services by public sector organizations has tended not to be a primary consideration for politicians, policy makers or industry representative groups. However, in recent years public procurement has moved center stage for both the public and private sectors of the economy. For central government, the strategic management of procurement across the public sector has assumed priority status. Expenditure by public sector organizations on a range of goods and services is coming under increasing scrutiny with a view to realizing cost savings.

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Brexit and the Harmonisation of Corporate Tax

On the 4th October 2017, the European Commission referred Ireland to the European Court of Justice (ECJ) for failing to collect tax debts from Apple, following a Commission decision deeming the tax reliefs provided amounted to a breach of EU Competition Law. Ireland allowed Apple to pay between 0.05% and 2% in tax from 2003 to 2014, which, according to the Commission, amounted to up to €13 billion in illegal state aid. Luxembourg was also referred to the ECJ, after giving Amazon €250 million in tax breaks was also deemed to be illegal state aid. Neither country collected the debt, resulting in the recent referrals, and Ireland has appealed the decision to the ECJ.

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Brexit and Consumer Protection

It is difficult to speculate as to the future of the consumer protection acquis in a post-Brexit settlement, at a time in which the EU-UK negotiating teams seem locked in stalemate as to the three core Withdrawal Agreement issues, which require ‘sufficient progress’ so that the next round of substantive negotiations can commence. Consumer law is far down the current agenda. Second, the form Brexit takes on in the Future Relationship Agreement – whether hard, soft or bespoke – is of considerable importance: a so-called ‘soft’ Brexit whereby the UK remains within the EEA would mean that the UK remains legally obliged to adhere to EU consumer law including largely the CJEU’s interpretation thereof, whereas a ‘hard’ Brexit would mean that the UK is no longer legally obliged to uphold the acquis. A bespoke agreement is the least certain outcome as to consumer law rules. And what are these rules?

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Workshop on Brexit, the Border and the Internal Market

The DCU Brexit Institute hosted an event on “Brexit, the Border and the Internal Market” on 26 October 2017, supported by the European Commission Representation in Ireland. The event addressed the issue of the border between Ireland and Northern Ireland, which is arguably the most sensitive of the three items in the withdrawal negotiations, and considered also questions concerning the access by the UK to the EU internal market post Brexit.

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Brexit and the Future of Europe

In 2016, some would claim that the European Union was doomed. The UK vote for Brexit was seen as the trigger for others to follow, in particular those where national elections were due to be held and where anti-EU populists were perceived to be gaining ground.

Reality proved them wrong.

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Workshop on Brexit, Citizens Rights and their Protection

The DCU Brexit Institute hosted an event on “Brexit, Citizens Rights and their Protection” on 5 October 2017, which was organised jointly with the European Parliament Representation in Dublin. The event addressed one of the three main issues which are currently being negotiated between the United Kingdom and the European Union: the rights of EU citizens in the UK and those of the UK citizens in the EU after the withdrawal.

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Everything you wanted to know about Brexit and citizenship…but were afraid to ask

Exactly one year ago, Prime Minister Theresa May expatiated on the subject of citizens’ rights in the post-Brexit EU and UK, memorably telling the Conservative Party Annual Conference that “if you believe you are a citizen of the world, you are a citizen of nowhere. You don’t understand what citizenship means.” Taken in the context of a conference dominated by the decision of the British public to leave the European Union, the audience was left with no doubt that Brexit would represent a re-casting of citizens’ rights, a re-assertion of the exclusivity of United Kingdom citizenship, and a rejection of the creeping internationalism of citizenship that the EU was seen to represent, though the form this transformation would take was still a matter of some conjecture.

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What are the Best Brexit Podcasts? A Listener’s Guide

If you want to keep up with Brexit news, but find you have limited reading time, try listening to podcasts.

There are already a number of podcasts exclusively devoted to Brexit. The oldest (A Diet of Brussels, with 200+ episodes) has been around since May 8, 2015, the day after David Cameron’s Conservatives won a parliamentary majority, the event which made it inevitable that there would be a referendum on Brexit. Many more sprang up after the referendum, and they have chronicled the various twists in the Brexit story – the triggering of Article 50, the subsequent UK election and the resulting hung parliament, and the ongoing negotiations with the EU.

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Brexit, Citizenship and the Court of Justice: Explaining the EU’s position

On 20 July 2017 it became clear that the European Commission and in particular its chief negotiator, Michel Barnier, is becoming frustrated with the United Kingdom and its lack of preparation. In order to make progress, both sides need to know the positions and proposals of the other. The EU has done this, through various policy papers, it’s now the UK’s turn, seemed to be the implication. In the joint press conference Michel Barnier called for clarification on the UK’s understanding of its financial obligations in any separation agreement and how it may be calculated. Without this, there is, Barnier implied, little point in continuing to discuss on this issue. The so-called ‘Brexit Bill’ was the issue in need of clarification most stressed by Barnier but he also flagged to the lack of detail on Northern Ireland and the Common Travel Area and the issue of disentangling current legal arrangements.

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