BLOG – UK Politics and Law

The UK votes (again): Is this really the Brexit election?

Edoardo Bressanelli (Sant’Anna School of Advanced Studies) The United Kingdom (UK) will choose a government for the third time in the last five years, having voted – in elections which should not have been held – for the new European Parliament (EP) in May. If the Labour Party wins an unlikely majority, there will be…
Read More

Brexit Strategy: Conservatives and Labour Prepare For The 2019 Election

Joshua Hockley-Still & Emil Sokolov (University of Exeter) “Get Brexit done and we can focus our hearts and minds on the priorities of the British people” Boris Johnson, November 2019[1]  The Prime Minister spoke these words at the launch of the Conservatives’ election manifesto. They emphasise the importance of Brexit in the upcoming election. Yet,…
Read More

What lies ahead for the new European Commission: Brexit and beyond

Joelle Grogan (Middlesex University) Brexit is the ‘shock’ that united Europe according to the President-elect of the Commission, Ursula von der Leyen (VDL). There’s certainly an element of truth to this. Despite some occasional signs of disagreement, the EU-27 have given every show of maintaining a unified position in all stages of the Brexit process…
Read More

“With or without you”: a new Commission with or without the UK?

Natassa Athanasiadou (Maastricht University) When the European Council, on 29 October 2019, decided to extend the withdrawal negotiation period until the 31st of January 2020, it became clear that this extension would bear implications also for the composition of the new Commission. Indeed, in recital 11 of the European Council’s decision, it is explicitly mentioned…
Read More

From Harold Wilson To Jeremy Corbyn: Labour’s Brexit Policy In Perspective

Josh Hockley-Still (University of Exeter) ‘I will negotiate to the best of my ability a (Brexit) deal that will look after jobs and the economy. But the best way to look after jobs and the economy is for us to Remain.’[1] This recent quote, delivered by Labour’s Foreign Secretary Emily Thornberry, provoked widespread ridicule. It…
Read More

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…
Read More

Wither Green Brexit? Northern Ireland’s environment and the new Brexit Deal

Viviane Gravey (Queen’s University Belfast) Another deal, another extension, another general election: recent Brexit developments invite us to revisit what we think Brexit means and the impact it will have on the UK in general and Northern Ireland in particular. This is notably the case for one of the (few) positive surprises of the Brexit process…
Read More

‘We, the Court’ or ‘We, the people?’

Massimo Fichera (University of Helsinki) N.B. This article is part of a wider and broader debate over the consequences on Brexit of the landmark UK Supreme Court prorogation judgment. The discussion hosted by the Brexit Institute Blog about the judgment can be found here. On 24 September 2019, the UK Supreme Court delivered a landmark…
Read More

Is the UK having a rethink on Brexit? It appears so

Is the UK having a rethink on Brexit? It appears so Thiemo Fetzer (University of Warwick) New data from a comprehensive Survation poll covering around 20,000 respondents across the whole of the UK suggest that a significant shift is underway. The large size of the poll and the sampling method used make it suitable to…
Read More

Fools Rush Out: On the Withdrawal Agreement and EU (WA) Bill

Fools Rush Out: On the Withdrawal Agreement and EU (WA) Bill   Joelle Grogan (Middlesex University) Few actions when done quickly are done well – and law-making has certainly never been one of them. Late in the evening of 21 October 2019, the long-awaited, and highly controversial, European Union (Withdrawal Agreement) Bill (WAB) was published.…
Read More

Johnson, the Military, and the No-Deal

Johnson, the Military, and the No-Deal   Luigi Lonardo (King’s College London) History books are set to write the name of the UK’s prime minister, Boris Johnson, as that of the man who will deliver Brexit despite the two conflicting motivations that he himself represented for his country. In his ‘acceptance speech’ as leader of…
Read More

A Backstop for the Backward?

A Backstop for the Backward? Colin Murray (Newcastle University)   A Brexit deal is, on paper at least, done. Michel Barnier solemnly informed the gathered media that the controversial backstop arrangements contained within the draft Withdrawal Agreement’s Ireland/Northern Ireland Protocol have been replaced by a new “democratic cornerstone”. The question that remains is whether this…
Read More

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…
Read More

Could the European Council grant the UK a new extension?

Could the European Council grant the UK a new extension?     Thibaud Harrois (Sorbonne Nouvelle) In early September 2019, a few weeks after Boris Johnson became Prime Minister, French Foreign Secretary Jean-Yves Le Drian explained France was not favourable to postponing Britain’s departure from the European Union beyond the October 31st deadline. “We won’t start…
Read More

The Digital Record of the Case of Prorogation: A Curated Collation

Joe McIntyre (University of South Australia) This post attempts to bring together a comprehensive list of all the various blog posts and legal academic writing on Cherry/Miller (No 2) decision (at least for the first fortnight), highlighting key themes, ideas and discussions Cherry/Miller (No 2) is a very different case – not only in its…
Read More

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…
Read More

The Politics of Blame in the UK’s Relationship with the EU

Paul Copeland (Queen Mary University London)    During the 2016 UK referendum campaign on UK membership of the EU the slogan ‘take back control’ became the dominant message of Vote Leave. ‘Take back control’ is arguably one of the most successful electoral slogans since New Labour’s 1997 electoral manifesto ‘because Britain deserves better’. While ‘taking…
Read More

Growing Momentum for a Deal

Growing Momentum for a Deal     Jennifer Powers (Alternative Arrangements Commission Technical Panel) Harold Wilson’s observation that ‘a week is a long time in politics’ needs updating for our Brexit times. After three long years of dithering and months of paralysis, the prospect of a deal has risen sharply overnight following the publication of…
Read More

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…
Read More

The UK Supreme Court judgment on prorogation: Taking Back Control

This article is part of a Brexit Institute Blog Series on “The UK Supreme Court Judgment on Prorogation”. See also Simon Usherwood, Not the Best Way to Go about Things ; Stephen Tierney, The UK Supreme Court’s decision on prorogation ; Alan Greene, ‘Not a Normal Prorogation’:  Parliament, The Courts, the Crown and The People ; Giovanni Zaccaroni, The UK Supreme…
Read More

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…
Read More

Not the best way to go about things

This article is part of a Brexit Institute Blog Series on “The UK Supreme Court Judgment on Prorogation”. See also Stephen Tierney, The UK Supreme Court’s decision on prorogation ; Alan Greene, ‘Not a Normal Prorogation’:  Parliament, The Courts, the Crown and The People ; Giovanni Zaccaroni, The UK Supreme Court Judgment on Prorogation: Reaffirming the Centrality of…
Read More

The UK Supreme Court’s Decision on Prorogation

 This article is part of a Brexit Institute Blog Series on “The UK Supreme Court Judgment on Prorogation”. See also Simon Usherwood, Not the Best Way to Go about Things ; Alan Greene, ‘Not a Normal Prorogation’:  Parliament, The Courts, the Crown and The People; Giovanni Zaccaroni, The UK Supreme Court Judgment on Prorogation: Reaffirming…
Read More

‘Not a Normal Prorogation’:  Parliament, The Courts, the Crown and The People

This article is part of a Brexit Institute Blog Series on “The UK Supreme Court Judgment on Prorogation”. See also Stephen Tierney, The UK Supreme Court’s decision on prorogation; Giovanni Zaccaroni, The UK Supreme Court Judgment on Prorogation: Reaffirming the Centrality of the Parliament     ‘Not a Normal Prorogation’:  Parliament, The Courts, the Crown…
Read More

Britain’s exit into disharmony and resentment

Britain’s exit into disharmony and resentment     Gylfi Zoega (University of Iceland and Birkbeck College) We have a prime minister who likes Churchill, has adapted his mannerism and may soon give his speeches. He expresses English nationalism, nurtured by many since the beginning of the 1990s through jokes at the expense of the European…
Read More

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…
Read More

Brexit and the UK Political and Constitutional Crisis: Prorogation and the Case for Constitutional Reform

This article is part of a Brexit Institute Blog Series hosting the comments of scholars on “Brexit and the UK Political and Constitutional Crisis”. See also Asif Hameed, Brexit and the UK Political and Constitutional Crisis: the Fixed-term Parliaments Act; Philip Cunliffe, Brexit and the UK Political and Constitutional Crisis: The Europeanisation of British Politics; Elaine Fahey,…
Read More

Brexit and the UK Political and Constitutional Crisis: the Responsibility of the British Parliament

This article is part of a Brexit Institute Blog Series hosting the comments of scholars on “Brexit and the UK Political and Constitutional Crisis”. See also Asif Hameed, Brexit and the UK Political and Constitutional Crisis: the Fixed-term Parliaments Act; Philip Cunliffe, Brexit and the UK Political and Constitutional Crisis: The Europeanisation of British Politics;…
Read More

Brexit and the UK Political and Constitutional Crisis: the Fixed-term Parliaments Act

This article is part of a Brexit Institute Blog Series hosting contributions from scholars on “Brexit and the UK Political and Constitutional Crisis”. See also Philip Cunliffe, Brexit and the UK Political and Constitutional Crisis: The Europeanisation of British Politics; Elaine Fahey, Brexit and the UK Political and Constitutional Crisis: the Impossibility of Avoiding EU…
Read More

The Irish Border and the Safeguard of the UK Territorial Integrity

The Irish Border and the Safeguard of the UK Territorial Integrity   David Collins (City University) The border in Ireland has emerged as the most significant, perhaps the only remaining barrier to the conclusion of sensible trade arrangements between the UK and the EU post-Brexit. It may also be the main reason why so many…
Read More

Boris Johnson’s Non-Strategy for a No Deal Brexit

Boris Johnson’s Non-Strategy for a No Deal Brexit   Scott Lucas (University of Birmingham) To state the obvious and essential point, UK Prime Minister Boris Johnson and his senior Ministers and advisors are dedicating themselves to a No Deal Brexit crash-out from the European Union on 31 October. Johnson still makes noises about wanting a…
Read More

Consensus on Brexit is Impossible but Avoiding No Deal is Within Reach

Consensus on Brexit is Impossible but avoiding No Deal is Within Reach   Jennifer Powers (Competere) The Brexit denouement moves a step closer this week. Yesterday in Parliament saw the latest battle in the decades old Tory civil war over Europe.  It threatens to bring down the Government, split the party and redefine the country’s…
Read More

Prorogation and the UK Parliament: The Horror of Halloween Remains?

The DCU Brexit Institute blog is hosting a debate between several authors on the Prorogation of the UK Parliament. This is the fourth blog post. See also: Chris White, Prorogation of the UK Parliament: the Impact of Brexit on the Commons ; Sam Fowles, Prorogation of the UK Parliament: Three Key Issues ; Ian Cooper, Weaponized Prorogation and the Harm to Democracy: Lessons from…
Read More

Weaponized Prorogation and the Harm to Democracy: Lessons from Canada

The DCU Brexit Institute blog is hosting a debate between several authors on the Prorogation of the UK Parliament. This is the third blog post. See also: Chris White, Prorogation of the UK Parliament: the Impact of Brexit on the Commons ; Sam Fowles, Prorogation of the UK Parliament: Three Key Issues.   Weaponized Prorogation and the Harm to Democracy: Lessons from Canada…
Read More

Prorogation of the UK Parliament: the Impact of Brexit on the Commons

The DCU Brexit Institute blog is hosting a debate betweenseveral authors on the Prorogation of the UK Parliament. This is the second blog post. See also: Sam Fowles, Prorogation of the UK Parliament: Three Key Issues ; Ian Cooper, Weaponized Prorogation and the Harm to Democracy: Lessons from Canada ; Alan S. Reid,Prorogation and the UK Parliament: The Horror…
Read More

Prorogation of the UK Parliament: Three Key Issues

The DCU Brexit Institute blog is hosting a debate between several authors on the Prorogation of the UK Parliament. This is the first blog post. See also: Chris White, Prorogation of the UK Parliament: the Impact of Brexit on the Commons ; Ian Cooper, Weaponized Prorogation and the Harm to Democracy: Lessons from Canada ; Alan S. Reid, Prorogation and…
Read More

Do All Roads Lead to a No-Deal Brexit? The Prorogation of the UK Parliament

Do All Roads Lead to a No-Deal Brexit? The Prorogation of the UK Parliament  Giovanni Zaccaroni (Brexit Institute) Until recently, the idea that a prorogation of the UK Parliament could take place right before the final Brexit deadline appeared to be extremely unlikely. The appointment of Boris Johnson as Prime Minister has changed the situation.…
Read More

Self-Rule in the 21st century: How UK Citizens Lose Influence Through Brexit

Self-Rule in the 21st century: How UK Citizens Lose Influence Through Brexit  Christina Eckes (University of Amsterdam) ‘Take back control’ was the slogan of the vote leave campaign in the Brexit Referendum that was, at its heart, driven by concerns over self-rule for UK citizens. Theresa May’s famous Brexit speech painted an image of ‘a…
Read More

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…
Read More

The appointment of Boris Johnson as Prime Minister – plus ça change?

The appointment of Boris Johnson as Prime Minister – plus ça change? Alison Young (University of Cambridge) On Wednesday 24 July, Boris Johnson was appointed as the UK’s new Prime Minister. He spared little time in reappointing a new cabinet; the dramatic change in personnel being referred to as ‘The night of the Blond Knives’.…
Read More

Prime Minister of the 0.3 Per Centers

Prime Minister of the 0.3 Per Centers Stephen Gardbaum (UCLA School of Law) For the first time in British political history, a prime minister has been elected by the members of a political party and not, as previously, either by voters at a general election or by fellow elected members of parliament. It may seem…
Read More

New Leaders and Old Problems: Brexit and the Rule of Law Crisis

New Leaders and Old Problems: Brexit and the Rule of Law Crisis R. Daniel Kelemen (Rutgers University) The incoming President of the European Commission Ursula von der Leyen and the new Prime Minister of the United Kingdom Boris Johnson are very different sorts of leaders, but they do have a few things in common. For…
Read More

‘Come What May’: Boris Johnson’s Brexit Challenge

‘Come What May’:  Boris Johnson’s Brexit Challenge Giulia Gentile  (King’s College London) Boris Johnson has won the leadership of the Conservative Party and is set to become the next Prime Minister of the UK. Since the 23rd of June 2016, UK politics have been dominated by the instability and uncertainty surrounding Brexit. Following the conclusion…
Read More

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…
Read More

Brexit, Spain and British Gibraltar

Brexit, Spain and British Gibraltar Gerry O’Reilly (Dublin City University)   Brexit has been closely followed by UK and EU citizens alike in the British Overseas Territory of Gibraltar (area: 6.8 sq. km.) and its Spanish hinterlands – Campo de Gibraltar in Andalucía. For people there, as in Dundalk, Newry, Derry/Londonderry and Ireland, an immediate…
Read More

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…
Read More

Brexit and the Political Economy of Northern Ireland

Brexit and the Political Economy of Northern Ireland M. Leann Brown (University of Florida) There has been a flood of speculation, analysis, predictions and dire warnings about the possible economic consequences of the secession of the United Kingdom from the European Union for Northern Ireland (NI). Much of this commentary focuses on the possible effects on…
Read More

Event Report: ‘Which Brexit After the European Elections?’

Event Report: ‘Which Brexit After the European Elections?’ Tom McDonald (DCU Brexit Institute) The Gallery Room at the Helix, Dublin City University (DCU) was bustling on 14th June 2019 at the DCU Brexit Institute seminar event ‘Which Brexit After European Parliament Elections?’. The event was divided into two parts: a keynote speech by Dr. Mark Speich…
Read More

Facing the Rights and Equality Crisis: Achieving a Bill of Rights for Northern Ireland in the wake of Brexit

Facing the Rights and Equality Crisis: Achieving a Bill of Rights for Northern Ireland in the wake of Brexit Anne Smith (Ulster University) and Colin Harvey (Queen’s University Belfast)   Brexit is giving rise to anxiety about a ‘major constitutional change’ that is creating ‘constitutional uncertainty’, but it has also resulted in a ‘constitutional moment’…
Read More

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.…
Read More

Peterborough: Labour’s squeaky victory and the vacuum on the right

Peterborough: Labour’s squeaky victory and the vacuum on the right Alan Wager (The UK in a Changing Europe)   On 8 June 2017, Fiona Onasanya, the newly-elected Labour MP for Peterborough, averred that her victory by some 607 votes proved that “the people know there is a better way. I think I won because people…
Read More

European Elections – the UK Perspective. Brexit and the Unsettling of the Two-Party System

European Elections – the UK Perspective. Brexit and the Unsettling of the Two-Party System Edoardo Bressanelli (Sant’Anna School of Advanced Studies)   If the British political situation could be summarised with a slogan, this would be “once upon a time: the Westminster system”. That is, a political system characterised by stable governments, strong and authoritative prime…
Read More

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…
Read More

May Day: Brexit & the Future of Europe

May Day: Brexit & the Future of Europe Federico Fabbrini (Director, DCU Brexit Institute) On 23 May 2019 – exactly 35 months after the British people voted to leave the European Union (EU) – the United Kingdom (UK), against all expectations, held elections for the European Parliament (EP). On 24 May 2019, Theresa May announced…
Read More

Brexiting Party Politics in Northern Ireland – Civil Society Alternatives

Brexiting Party Politics in Northern Ireland – Civil Society Alternatives Cillian McGrattan (Ulster University)   The Democratic Unionist Party (DUP) topped the poll in the recent Northern Ireland local government elections: 24.1%, an increase of 1% from 2014, compared with its cross-community rival Sinn Fein, which won 23.2%, a decrease of almost 1% from the…
Read More

Event Report: ‘Brexit and the European Parliament Elections 2019’

Event Report: ‘Brexit and the European Parliament Elections 2019’ Tom McDonald (DCU Brexit Institute) The conference room at Europe House in Dublin city center was full on 16th of May when the DCU Brexit Institute hosted a seminar event on “Brexit & European Elections 2019”. The event was divided into two parts that included: presentations…
Read More

The Ireland-European Election Conundrum

The Ireland/European Election Conundrum Gary Murphy (Dublin City University)   Ever since Ireland first held contested elections to the European Parliament in 1979 conventional political wisdom has suggested that attitudes to the incumbent government or to the candidates on offer have shaped such elections in Ireland. Sentiment about the EU itself has had little impact…
Read More

Years Into the Brexit Process, the UK Still Faces Fundamental Choices for its Future Relationship with the EU

Years Into the Brexit Process, the UK Still Faces Fundamental Choices for its Future Relationship with the EU Pervez Ghauri (University of Birmingham) and Ursula Ott (Nottingham Trent University) Pervez Ghauri and Ursula Ott in their paper “Brexit negotiations: from negotiation space to agreement zones” use bargaining theory models of rational behavior and the negotiation…
Read More

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…
Read More

Does the House of Commons have power without influence?

Does the House of Commons have power without influence? Jack Simson Caird (Bingham Centre for the Rule of Law) The impasse over the Withdrawal Agreement has highlighted the inability of the House of Commons to shape the substance of the Brexit deal. There is a growing sense of frustration at the apparent unwillingness of MPs to face…
Read More

Event Report: High – Level Policy Dialogue, 4 April 2019

Event Report: High – Level Policy Dialogue, 4 April 2019 Charlotte Sieber-Gasser (DCU Brexit Institute) On 4 April 2019, Grant Thornton hosted the High-Level Policy Dialogue between Georgios Papacostantinou (EUI School of Transnational Governance, former Finance Minister of Greece) and Denis MacShane (former Europe Minister of the UK), organised by the DCU Brexit Institute. Given the…
Read More

Country before Party?

Country before Party? Ioannis Asimakopoulos (DCU Brexit Institute) While preparations for a no-deal Brexit have intensified, while May’s deal has already been voted against twice, and with time running out, suddenly a glimpse of hope arose that a no-deal Brexit can be actually prevented. Ironically enough, it is not the parliament’s effort to reach a…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

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.…
Read More

The Show Must Go On: Understanding the Brexit Theatre

The Show Must Go On: Understanding the Brexit Theatre Federico Fabbrini (Director, DCU Brexit Institute) Thirty Days. This is what’s left before the default exit of the United Kingdom (UK) from the European Union (EU). But the fans of the Brexit show have by now got used to coups de theatre – and more may…
Read More

An Overview of the No-Deal Brexit Omnibus Bill

An Overview of the No-Deal Brexit Omnibus Bill Clíodhna Joyce-Daly and Chloé Papazian (Dublin City University) Last Friday 22 February, the Irish Government published the Omnibus Bill also called the Consequential Provisions Bill 2019 for the Withdrawal of the United Kingdom Without a Deal which will enter into force if the UK leaves the EU…
Read More

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…
Read More

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…
Read More

Brexit and Family Business

Brexit and Family Business Yvonne Kiely (Dublin City University)  Insights on how family businesses can plan ahead for the consequences of Brexit urge a greater focus on family dynamics and next generation planning, according to Eric Clinton, professor at DCU Business School and Director of the DCU National Centre for Family Business. DCU National Centre…
Read More

Event Report: Brexit and Agri-Food

Event Report: Brexit and Agri-Food Chloé Papazian (DCU Brexit Institute) On January 31, the DCU Brexit Institute hosted an event on Brexit and Agri-Food. The event was opened by Micheline Calmy-Rey (former President of Switzerland) and featured a Panel discussion with leading academics and industry specialists. The Panel included Eric Clinton (Dublin City University), Shane…
Read More

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…
Read More

Brexit: What Next?

Brexit: What Next? Federico Fabbrini (Director, DCU Brexit Institute) Last night the UK Parliament voted  resoundingly against the Brexit deal that the UK Government had negotiated with the European Union. As largely anticipated, and notwithstanding last minute political reassurances from the Presidents of the European Council and the European Commission, Prime Minister Theresa May failed…
Read More

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…
Read More

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…
Read More

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…
Read More

The Brexit Deal and the UK-EU Security Relationship

The Brexit Deal and the UK-EU Security Relationship: Insights from the Withdrawal Agreement and the Political Declaration Helena Farrand Carrapico (Aston University) On the 29th of March 2019, the cooperation mechanisms and instruments of the Area of Freedom, Security and Justice (AFSJ) will cease to apply, in their current format, to the United Kingdom (UK), following…
Read More

The Brexit Deal and Gibraltar

The Brexit Deal and Gibraltar Maria Mut Bosque (International University of Catalonia) On the 25th of November 2018, the EU-27 leaders endorsed the draft Brexit withdrawal agreement and approved the political declaration on the future relationship between the EU and the UK. These texts now need to be passed by the other EU Institutions in…
Read More

The Brexit Deal and Britain’s Steep Learning Curve

The Brexit Deal and Britain’s Steep Learning Curve Stephen Wall (former Permanent Representative of the UK to the EU) I have always thought of a steep learning curve as being both arduous and fast: you need to learn a lot, and quickly. But, in the case of Brexit, both the Government and public seem to…
Read More

The Brexit Deal: The Final Steps to Its Approval

The Brexit Deal: The Final Steps to Its Approval Ian Cooper (DCU Brexit Institute) This morning, Donald Tusk announced that the EU and the UK have reached an agreement on a 26-page Political Declaration on the framework for a future EU-UK relationship. Together with the 585-page draft Withdrawal Agreement, this is the long-awaited Brexit Deal.…
Read More

The Brexit Deal is the Best the UK Could Have Hoped For

The Brexit Deal is the Best the UK Could Have Hoped For Angelos Chryssogelos (Harvard University) It is hard not to feel sorry for Theresa May. Her tenure as UK Prime Minister is not expected to last much longer once the House of Commons votes on the Withdrawal Agreement she negotiated with the EU after a…
Read More

The Brexit Deal

The Brexit Deal Federico Fabbrini (Director of the DCU Brexit Institute) Yesterday evening, Wednesday 14 November 2018, the United Kingdom and the European Union reached an agreement on the terms of an orderly withdrawal of the UK from the EU. The Brexit deal, which includes the full text of a withdrawal treaty as well as…
Read More

If Money Talks, What Does it Say About Brexit?

If Money Talks, What Does it Say About Brexit? Iain McMenamin (Dublin City University) [This is a summary of If Money Talks, What Does it Say About Brexit? It is the latest paper in the DCU Brexit Institute Working Paper Series.] Politics used to be easy for British business. There was really only one relevant…
Read More

A Better Measure of the Will of the People

A Better Measure of the Will of the People Peter Emerson (de Borda Institute) In the Brexit referendum of June 2016, a majority of 51.9% of UK voters opted to leave the EU. However, this vote was in effect a vote of ‘no’ to EU membership rather than a positive ‘yes’ to any specific alternative.…
Read More

Event Report: Brexit and International Development Cooperation

Event Report: Brexit and International Development Cooperation Daniele Grippo (Dublin City University) On 11 October 2018, The DCU Brexit Institute, in partnership with the European Centre for Development Policy Management (ECDPM) organized an event on Brexit and International Development Cooperation, hosted at the European Parliament Information Office, in Dublin. This event featured an opening Keynote Speech…
Read More

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)…
Read More

Politics, Not Interests, Will Shape the UK-EU Security Relationship

Politics, Not Interests, Will Shape the UK-EU Security Relationship Benjamin Martill (London School of Economics) Monika Sus (Hertie School of Governance)   The Easy Question? It was once thought that managing the security and defence aspects of Brexit would be easy. The intergovernmental nature of EU security and defence policy has always meant that the…
Read More

Some Reflections on the Current UK and EU Positions on Brexit

Some Reflections on the Current UK and EU Positions on Brexit Chloé Papazian (DCU Brexit Institute) On 20 September 2018, Mr David Lidington, the UK Minister for the Cabinet Office, who is the de facto No 2 in the UK Government’s “chain of command” after Prime Minister Theresa May, visited the DCU Brexit Institute. The Minister…
Read More

Event Report: Brexit by Design or by Default?

Event Report: Brexit: By Design or By Default? Assessing the State of the Withdrawal Process Chloé Papazian (DCU Brexit Institute) On 6 September 2018, the Brexit Institute organized the kick-off event of the academic year assessing the state of the United Kingdom’s withdrawal from the European Union. The event featured an opening debate by Members…
Read More

History and Brexit

What does the Eden Plan tell about Brexit? Andreja Pegan (DCU Brexit Institute, Dublin) While negotiations between the UK and the European Union (EU) on the withdrawal, transition and future relations are nearing a close, it is time to think about how the UK will behave towards the EU after Brexit. Given the EU’s market, and…
Read More

The Military Dimension of Brexit: A No-Deal on Defence?

The Military Dimension of Brexit: A No-Deal on Defence? Lee D. Turpin (Lancaster University) Whilst much discussion of Brexit negotiations has focused on the economic interests at stake for both sides, future UK-EU relations on military matters remain perhaps too often overlooked. As this blog post makes clear, it is important not be complacent regarding the…
Read More

The Parliamentary Dimension of Brexit

The Parliamentary Dimension of Brexit Ian Cooper (Dublin City University) The next event at the DCU Brexit Institute will feature numerous parliamentarians from across the EU. This is an opportune moment to consider the parliamentary dimension of Brexit. Brexit has been largely an executive-driven process, in essence a prolonged negotiation between the UK government and…
Read More

Mark Carney on No-Deal Brexit

Mark Carney on No-Deal Brexit: This is Modern Central Banking, but Please Handle with Care   Donato Masciandaro (Department of Economics, Bocconi University and SUERF) On Friday the Governor of the Bank of England (BoE) Mark Carney said that there was as “uncomfortably high” risk of the UK leaving the European Union without a deal, and…
Read More

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…
Read More

Second Thoughts on a Second Brexit Referendum

Second Thoughts on a Second Brexit Referendum Richard Bellamy (University College London/ European University Institute) Theresa May has announced there will be no second Brexit referendum under any circumstances, prompting the wits of social media to recall her similar assurances regarding a snap election and declare that naturally there will now be one. Trying to…
Read More

Preparedness and Contingency: The Commission Starts to Plan for a No-Deal Brexit

Preparedness and Contingency: The Commission Starts to Plan for a No-Deal Brexit Salvador Llaudes (Elcano Royal Institute) Chequers was supposed to be a turning point in the Brexit negotiations. It has indeed been so, although not in a completely successful way for the British Government. Since then, the political situation in the UK has reached…
Read More

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…
Read More

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…
Read More

The Seven Circles of Brexit

The Seven Circles of Brexit Ian Cooper (DCU Brexit Institute) Last Friday, it seemed as though Theresa May had secured her full cabinet’s agreement on a common negotiating position that would set the UK on a glidepath towards a soft Brexit. Days later this “Chequers agreement” was thrown into doubt by the resignation of her…
Read More

The “Known Unknowns” of Brexit

The “Known Unknowns” of Brexit A Flowchart Chronicle of a Mess Foretold Glyn Morgan (Collegio Carlo Alberto, Torino, and Maxwell School, Syracuse University) Teaching a class last year on Brexit to American students, I discovered that—like impatient readers of a “Whodunnit”—they wanted to know how it would all turn out. “Too early to say,” I’d…
Read More

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…
Read More

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…
Read More

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…
Read More

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…
Read More

Brexit and the Good Friday Agreement IV

Today (April 10) is the 20th anniversary of the Good Friday Agreement. To mark the occasion, the DCU Brexit Institute blog is publishing pieces by several authors on Brexit and the Good Friday Agreement. This is the fourth and final one. See also: Ben Warwick, Rights in Northern Ireland after Brexit: The Devil is in the Detail; Colin Murray, Policing and Security on the Island of Ireland Post-Brexit; David…
Read More

Brexit and the Good Friday Agreement III

April 10 is the 20th anniversary of the Good Friday Agreement. To mark the occasion, the DCU Brexit Institute blog is publishing pieces by several authors on Brexit and the Good Friday Agreement. This is the third. See also: Ben Warwick, Rights in Northern Ireland after Brexit: The Devil is in the Detail; Colin Murray, Policing and Security on the Island of Ireland Post-Brexit; Mary C. Murphy, Reclaiming the…
Read More

Brexit and the Good Friday Agreement II

April 10 is the 20th anniversary of the Good Friday Agreement. To mark the occasion, the DCU Brexit Institute blog is publishing pieces by several authors on Brexit and the Good Friday Agreement. This is the second. See also: Ben Warwick, Rights in Northern Ireland after Brexit: The Devil is in the Detail; David Phinnemore, Protecting the Good Friday Agreement from Brexit: Is the ‘Backstop’ Proposal Enough?; Mary…
Read More

The European Council Confronts the Post-Brexit Future

The European Council Confronts the Post-Brexit Future by Andrew Duff The European Council (22-23 March) has to assess the strategic impact of Brexit on the future of Europe. Although the heads of government have followed the Brexit saga with regret turning to alarm, it is the Commission’s Task Force 50 under Michel Barnier that has…
Read More

The European Parliament and Brexit (Part II)

The European Parliament and Brexit (Part II) by Francis Jacobs (formerly European Parliament staff) Brexit has important potential implications for the European Parliament, reducing its size, altering the composition of its political groups and its overall political balance, and posing questions about the ongoing role of both British MEPs and British staff members within the Parliament.…
Read More

The European Parliament and Brexit (Part I)

The European Parliament and Brexit (Part I) by Francis Jacobs (formerly European Parliament staff) Brexit has important potential implications for the European Parliament, reducing its size, altering the composition of its political groups and its overall political balance, and posing questions about the ongoing role of both British MEPs and British staff members within the Parliament.…
Read More

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.

Read More

The EU (Withdrawal) Bill and Human Rights in the UK: The State of The Art

On the political front, Brexit negotiations are proceeding; at the same time, from a strictly legal perspective, the tool with which Brexit will be managed at domestic level, i.e. the European Union (Withdrawal) Bill (EUWB), is making progress in Parliament. On December 20, 2017, it was considered and amended by a Committee of the Whole House. The next step will come on January 16-17, 2018, when MPs will examine the Bill at remaining stages.

One of the most consequential – and politically challenging – amendments made in the December session subjected the final terms of withdrawal to a statute of the Parliament (sec. 9(1)). Nonetheless, there are sections of the Bill that did not undergo changes during the last reading, but that are equally controversial. These include its treatment of EU provisions related to human rights, in particular those enshrined in the Charter of Fundamental Rights of the European Union (CFREU).

Read More

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?

Read More

Two of a kind? Similarities and differences between Brexit and secession processes

TThe processes initiated by the UK government to withdraw from the EU and the search for separation from their original states of Catalan and, to a certain extent, Scottish secessionists, possess several similarities.

Firstly, both show a similar degree of dissatisfaction with accommodation within multilevel polities or multilevel governance. In fact, both show the limitations of the policies of accommodation within these multilevel polities. The UK had obtained partial derogations of the EU acquis (starting with the European Social Charter and continuing with all other treaties since then).  Regions (either Catalonia or Scotland) has also seen their devolved powers increased significantly in the last decades. Yet, in neither of these two cases were these mechanisms for accommodation of their differences enough to contain the desire for a total exit from the polity.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More
Menu