BLOG – UK Politics and Law

The Brexit Agreement and UK-EU Extradition

Noreen O’Meara (University of Surrey) The provisional text of the new EU-UK Trade and Cooperation Agreement (‘the Agreement’ / ‘TCA’) sets the scene for important shifts in the security relations between the UK and EU. Extradition is one of several key aspects of police and judicial co-operation addressed in the Agreement. It was always clear that…
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Brexit, EU Criminal Law and the Common Law Deficit

Liz Heffernan (Trinity College Dublin) The EU-UK Agreement on Trade and Cooperation marks a milestone in the laborious and controversial process of the UK exiting the EU. While the bulk of its provisions are devoted to trade, the agreement encompasses other important fields including law enforcement and judicial cooperation in criminal matters. In recent decades…
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After Brexit: UK Citizens Living in Europe

Orsolya Farkas (Free University of Bolzano/Bozen) It has been clear since the very beginning that Brexit would fundamentally change the legal status of the approx. 1.2 million UK citizens living in Europe, and that those who are planning to move will find themselves in a new situation. But it was less expected that uncertainty –…
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Immigration, Free Movement and Brexit

Jonathan Portes (Kings College London and UK in a Changing Europe) Immigration was a major factor – perhaps the major factor – in the Brexit vote. Over the past two decades, migration from the EU has boosted UK growth, helped address skill and labour shortages, and benefited the public finances. It also led to rapid…
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Brexit ‘not done’ for Data Protection

Karen Mc Cullagh (University of East Anglia) The current Prime Minister of the UK, Mr Boris Johnson, was infamously elected to “get Brexit done,” and he claimed to have achieved this goal when the European Union and United Kingdom agreed upon the terms of the historic EU-UK Trade and Cooperation Agreement (the “Trade Agreement”) on 24th…
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New Year, But the Brexit Story is Not Over

Federico Fabbrini (DCU Brexit Institute) Since 1st January 2021, the United Kingdom (UK) has exited the European Union (EU)’s internal market and customs union, as well as its area of freedom security and justice, severing the last substantive bridge connecting it to continental Europe. While in fact the UK had formally left the EU already on…
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Last-Minute Legislating as the Brexit Deal is Concluded

Joelle Grogan (Middlesex University London) On Christmas Eve 2020, only seven days before the end of the transition period and a ‘No Deal’ Brexit on 31 December 2020, negotiators concluded a Draft Trade and Cooperation Agreement between the UK and the EU. On any scale of negotiation for an international agreement, particularly one of this…
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Why the EU Avoided the Cliff Edge Brexit that Many had Feared

Simon Sweeney (University of York) Prime Minister Boris Johnson achieved his aim: ‘Canada Plus’, no tariffs or quotas on merchandise trade. The Plus is continued cooperation in security, transport, and energy. The UK also stays in Euratom, the EU’s atomic energy community. These are substantial achievements for London, avoiding immediate and critical damage from no…
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Christmas’ Eve Brexit Deal

Federico Fabbrini (DCU Brexit Institute) On 24 December 2020, Christmas’ Eve, the European Union (EU) and the United Kingdom (UK) have reached a deal on the framework of their future relations. The draft EU-UK Trade and Cooperation Agreement brings to a close 10 months of intense negotiations – which started right after the withdrawal of…
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Lifting the Carpet: the NI Protocol and Cross-border VAT Fraud

Dylan J. Wilkinson (QUB) Much of the academic and media focus on Brexit, perhaps reasonably, centralises on its short-term effects. Seldom does consideration extend beyond this. However, a lingering question is what will the perception of Brexit be in the distant future? How will Brexit be explained and taught in the decades to come? What…
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Johnson’s ‘Oven Ready’ Brexit is a Slow Burner

Feargal Cochrane (University of Kent) Boris Johnson won last year’s general election, in part, because of his claim to have an ‘oven ready’ Brexit. ‘We’ve just got to put it in at gas mark four, give it 20 minutes and Bob’s your uncle. …We have a deal with the EU that is ready to go,…
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Extra EU Nulla Salus? Why a Hard Post-Brexit Transition Was the Only Credible Outcome of Brexit

Giovanni Zaccaroni (Brexit Institute) The post-Brexit transition is a complex process with multiple variables, affecting horizontally a number of different sectors, from the environment to pharmaceuticals and – of course – finance.  The result of the US elections brought to power the 23rd US president-elect of Irish descent, raising questions about how and whether the incoming president will change approach to international…
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The Interim UK-Canada FTA: Good News for British Exporters

David Collins (City, University of London) The UK struck a new free trade agreement (FTA) with Canada over the weekend, ahead of the 31 December Brexit deadline after which the EU-Canada Comprehensive Economic and Trade Agreement (CETA) would cease to apply to the UK, leaving it to trade with Canada under the less generous terms…
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Brexit and Data Protection: an Illusory Opportunity for Divergence?

Karen Mc Cullagh (University of East Anglia) The UK economy is predominantly service based (in 2019, the service industries accounted for 80% of total UK economic output (Gross Value Added)), and most of its trade in services is with the EU and the US.  As many of these service industries, including digital technology businesses, generate…
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Taking Stock of What a Joe Biden Presidency Means for Brexit Negotiations

Pieter Cleppe (PRA) The question of how the prospect of a Joe Biden Presidency will affect EU-UK negotiations has raised a lot of attention. Opinions seem to differ. Former Brexit Party leader Nigel Farage writes that “Joe Biden is no friend of Britain”, arguing that therefore, the UK, “is now far more likely to do…
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After the US Elections: Brexit Reality Check

Ardi Kolah (Queen’s University Belfast) As Michel Barnier, the EU’s lead negotiator, arrived by Eurostar from Brussels to continue a ‘more intensive’ round of talks with the UK Government on the shape of a potential Brexit trade deal[1], it’s time for both sides take a Brexit Reality Check. US President-Elect Joe Biden’s narrow victory over…
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Brexit and UK Devolution

Daniel Wincott (University of Cardiff) Brexit has exposed the underdeveloped and fragile aspects of devolution in the UK. Devolved governments’ relationships with London are strained. The arrangements that seemed to be in place to manage those relationships are buckling.  If the sheer fact of leaving the EU made internal UK changes to devolution unavoidable, the…
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The Making of the UK Internal Market: a Clumsy Imitation of EU Law?

Isabella Mancini (City, University of London) Despite the rhetoric to diverge from the EU, the UK Government recently proposed a controversial piece of legislation for the functioning of a UK “Internal Market”, parroting with this language what has typically been an EU construction. Brexit means that the UK will have to manage its internal trade,…
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Historicising the Role of the EU in the Northern Ireland Peace Process

Giada Lagana (Cardiff University) The existing literature, research, and media coverage have always tended to neglect the important role of the European Union (EU) in restoring peace in Northern Ireland. The political dimension of Northern Ireland engagement with the EU has usually been defined as ‘subtle’, because it did not visibly extend to a superficial…
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The End of the post-Brexit Transition and the Global Pharmaceutical Sector

John S. F. Wright (University of Technology Sydney) and Dimitrios Doukas (University of Manchester) The UK’s withdrawal from the European Union raises serious, and potentially crippling, governance and legal challenges in the context of the global pharmaceutical sector (Wright and Doukas 2020).  Specifically, the UK risks a loss of influence over the licensing and surveillance of…
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Post-Brexit UK Fund Regulation: Equivalence, Divergence or Convergence?

Elizabeth Howell (London School of Economics) The UK’s collective investment scheme (‘CIS’) sector is a key aspect of UK financial services. With the UK’s departure from the EU, it has also become a politically salient topic, with various Member States competing to lure business to their financial centres in light of Brexit. Brexit prompts hard…
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Rishi Sunak: Brexit Britain’s Future?

Joshua Hockley-Still (University of Exeter) As Prime Minister Boris Johnson’s deadline to reach a Brexit deal passed without agreement, Britain is now less than 3 months away from leaving the European Union without a trade deal (commonly known as ‘no deal’.) Johnson’s position is clear; being considered the man to get Brexit done took him…
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Deal or No Deal? EU-UK Negotiations Have Hit the Wall, but the End is Not in Sight

Simon Sweeney (University of York) The hard ball negotiation just got harder still. The Brexit news last week was depressing but unsurprising. Depressing because ‘a deal’ would serve both sides by helping diplomatic relations, benefiting mutual security, and serving the needs of industry and jobs. It would bring a collective sigh of relief in Ireland,…
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An Unpopular View on Brexit and EU Defence 

Øyvind Svendsen (NUPI) As for now, the prospects of any formal future EU-UK relationship on security and defence is in shambles. However, leaving security and defence out of the 2020 Brexit negotiations on the future relationship may have been a wise move from the UK. Realizing that the lengthy UK process to agree on and ratify…
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The Trust Deficit and the Internal Market Bill: Challenges for a Post-Brexit Dispute Resolution Regime Between the EU and the UK

Rishi Gulati (Dublin City University) It is trite to say that the presence of an independent and impartial dispute resolution system that can amicably resolve international disputes is necessary to maintain international peace and security. In fact, the development of a relatively robust international adjudicative framework since the 1990s is one of the most remarkable…
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Backstop, Frontstop, Full Stop?

Cathal McCall (Queen’s University Belfast) Backstop The backstop became the major bone of contention in the Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2018). It was contained in Draft Agreement’s Protocol on Ireland/Northern Ireland. The Protocol decreed…
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Disruptive Transitioning and the New Political Normal

Gerard McCann (St Mary’s University College, QUB) The ongoing tussle between Downing Street and Brussels over the problematic Internal Market Bill has not been wholly unexpected.1 The political trajectory, where the United Kingdom (UK) government would willingly break international law, contravene already given governmental commitments and frustrate the workings of the Belfast Agreement, was predicable.…
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Boris Johnson’s Brexit Myopia

Jonathan Stevenson (International Institute for Strategic Studies) During the run-up to the June 2016 referendum on Brexit and for a time thereafter, Brexiteers neglected the importance of Northern Ireland – a 56% majority of which would vote to remain – in their calculations. In particular, they failed to appreciate the political role that the European…
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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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Post-Brexit: the Future UK-EU Construction Industry Relationship

Jennifer Charlson (University of Wolverhampton) The construction sector’s importance to the UK’s economy is explained. The UK-EU Political Declaration incorporates clauses relevant to the construction industry which are explored in this article. However, if no UK-EU agreement is reached by 31 December 2020, the UK will trade with the EU on World Trade Organisation rules.…
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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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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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Amid a Global Emergency, No Apparent Urgency to Conclude the Future EU-UK Agreement

Joelle Grogan (Middlesex University) Amidst a global pandemic, the latest rounds of Brexit negotiations on a Future UK-EU Relationship Agreement have had little attention and less scrutiny. There are far more pressing and immediate concerns in tackling a global health emergency which (at the time of writing) counts over 7 million confirmed cases worldwide. In…
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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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A Road to Nowhere? The UK’s Approach to Implementing the NI Protocol

Clare Rice (Newcastle University Law School) The UK government’s long-awaited command paper, outlining a framework of how it plans to implement the Protocol on Ireland and Northern Ireland of the Withdrawal Agreement, was published on 20 May. There was anticipation that this would provide an insight to the UK’s thinking on not only the macro-level…
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The Northern Ireland Protocol: Governing Northern Ireland after Brexit

Cillian McGrattan (Ulster University) Slowly but surely the British government is beginning to clarify its thinking on what Brexit might mean for the governance of Northern Ireland. Michael Gove, the Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster, was summoned to give a statement to the House of Commons on the issue…
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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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The European Fintech Industry after Brexit

Pierangelo Rosati (DCU Business School) After years of discussions and negotiations, the United Kingdom (UK) finally left the European Union (EU) on 31 January 2020. Even though this is clearly a big step for the UK and for those who voted to leave in 2016, it is more formal than substantial. In fact, most uncertainties…
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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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A New Labour Leader: Keir Starmer, Brexit and Covid-19

Joshua Hockley-Still (University of Exeter) ‘Our options must include campaigning for a public vote and nobody is ruling out Remain as an option’ Sir Keir Starmer, then Shadow Brexit Secretary and now Labour leader, Labour Party Conference, September 2018[1] Brexit is not anyone’s top priority right now. A statement of fact today, but anyone predicting…
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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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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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Labour And Brexit: The Next Steps

Joshua Hockley-Still (University of Exeter) In our blog forecasting the impact of Brexit on the 2019 General Election (published by the DCU Brexit Institute), my friend Emil Sokolov and I highlighted that the more Brexit featured as an election issue, the worse the outcome would be for the Labour Party. The result turned out to…
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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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Brexit and Pandora’s Box

Gianfranco Pasquino (University of Bologna) “Get Brexit Done” , the highly successful Conservative slogan, can be interpreted in two rather different ways. It is a commitment made by the Prime Minister Boris Johnson. It is also a mandate given to him by the British voters. Johnson has received a resounding mandate and will have to…
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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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General Election 2019: The Brexit Election in Northern Ireland?

Clare Rice (Newcastle University) Central to the 2019 General Election campaigns in Northern Ireland has been the tactical manoeuvres of the political parties. The early stages of the election were dominated by party announcements about where candidates would and wouldn’t be running, and quickly formal and informal electoral pacts emerged. In some instances, it was…
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Brexit as a Constitutional Moment? Reflections from Ireland

Benedict Douglas (Durham University) Devolution in Northern Ireland, Scotland and Wales suggests that the act of voting in referenda can fundamentally change how individuals view themselves in their relationship with the state: from subjects defined by duties to citizens with rights. However, the experience of the Republic of Ireland provides an example of where fundamental…
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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…
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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,…
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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…
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“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…
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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…
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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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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…
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‘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…
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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…
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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.…
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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…
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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…
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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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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…
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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…
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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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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…
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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…
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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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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…
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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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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…
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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…
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‘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…
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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…
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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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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,…
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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;…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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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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’.…
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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…
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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…
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‘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…
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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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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…
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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 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…
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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…
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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’…
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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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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…
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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…
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European elections, European values, and Brexit

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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…
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Brexiting Party Politics in Northern Ireland – Civil Society Alternatives

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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…
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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…
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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…
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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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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…
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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…
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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…
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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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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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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…
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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…
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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 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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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…
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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…
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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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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…
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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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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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.…
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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…
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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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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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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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…
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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…
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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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The Seven Circles of Brexit

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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…
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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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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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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…
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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…
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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…
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