scholarly journals Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej

2020 ◽  
Vol 6(161) ◽  
pp. 117-143
Author(s):  
Viktoria Serzhanova ◽  
Adrianna Kimla
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
New Order ◽  
Legal Analysis ◽  
The European Union ◽  
Whole Process ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
The Eu

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.

scholarly journals The Status of Northern Ireland after Brexit: Probable Models

2018 ◽  
Vol 5 (3-4) ◽  
pp. 9-15
Author(s):  
Serhii Rudko
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
Customs Union ◽  
German Version ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Status ◽  
The Eu

The article highlights one of the main issues related to the UK's withdrawal from the European Union, Northern Ireland’s new status, in particular, the status of the border between NI and the Republic of Ireland. It has been an ‘apple of discord’ from the first stage and during the last stage of the Brexit negotiations. The future ‘hard’ or ‘soft’ Irish-British border is not a problem in the negotiations between the United Kingdom and the European Union only, but is also a serious domestic political challenge for Theresa May’s government. The article explains possible models of the future status of Northern Ireland. The most probable solutions are: a ‘reverse Greenland’, a ‘reverse Cyprus’ and a ‘German version’. Following the Good Friday Agreement of 1998, the EU invested heavily in supporting border communities for the development of small business and industry, which improved the economic situation in the area of the former conflict and facilitated border dialogue. However, it led to the fact that many enterprises were oriented towards the EU market or border trade. The article concludes that the ‘reverse Greenland’ model would enable Northern Ireland to remain in the single market and customs union apart from the rest of Great Britain, which would prevent the establishment of a tight boundary between both Irelands. The author outlined the possible implications of the ‘reverse Cyprus’ model, which suggests that the United Kingdom would technically remain a part of the EU, and that the EU’s legislation would be suspended only on its separate parts (that is, Wales and England). The researcher emphasizes that the ‘German version’ could be applied in the case of future reunification of both Irelands, then Northern Ireland would remain a part of the EU until its new status on the referendum have been resolved. The article summarized that no examples above provide a precise analogy, since Brexit is unprecedented event. The most likely models of the Northern Ireland’s future are the ‘reverse Greenland’ and the ‘reverse Cyprus’

scholarly journals Brexit’s impact on Spanish media discourse: news coverage and audience reaction on Twitter

2021 ◽  
Author(s):  
Luis-Miguel Pedrero-Esteban ◽  
Ana Pérez-Escoda ◽  
María-José Establés
Keyword(s):  
United Kingdom ◽  
Qualitative Methodology ◽  
News Coverage ◽  
The European Union ◽  
International Scope ◽  
The United Kingdom ◽  
The Status ◽  
The Media ◽  
The Uk ◽  
The Eu

Social networks have become the transforming axes of communication and, therefore, extensions of journalistic activity. Although they are exposed to the dissemination of fake news and hoaxes that fuel tension and damage the health of democracy, they are also propitious spaces to legitimize the media in their responsibility to disseminate rigorous, truthful, and verified information. This research study analyzes the informative discourse on Twitter of the most relevant press, radio, and television outlets in Spain with respect to the formalization of Brexit, i.e., the definitive exit of the United Kingdom from the European Union. Based on a qualitative methodology, from a sample of 52,188 tweets, the 646 messages about this process, published between December 15, 2020, and January 15, 2021, categorized according to the tags and content distributed on this social network, are analyzed. The work allows the recognition of this discourse, to address its effects in the economic, political, educational, and sports areas. In general, negative language is identified when presenting the repercussions of the withdrawal of the United Kingdom from the EU, especially for Spain. Some media outlets show no interest in the international scope of the process and focus only on the national one. However, most of the messages on Brexit have a pro-European slant, albeit generating little social noise (mainly retweets), with the exception of some users concerned about issues related to the status of Gibraltar, racism, or stereotypes of tourists from the UK.

The Future of the United Kingdom after Brexit

2020 ◽  
pp. 235-253
Author(s):  
Sionaidh Douglas-Scott
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
The United Kingdom ◽  
Key Points ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
The Eu

This chapter evaluates how Brexit and the withdrawal negotiations impacted the UK system of devolved governance. The focus is on devolution because the voices of the three devolved nations — Scotland, Wales, and Northern Ireland — have been too much ignored in Brexit manoeuvres, especially given Scotland and Northern Ireland voted in the Referendum to remain in the EU. The chapter then details the key points of the EU Withdrawal Act 2018 (EUWA) and EU Withdrawal Agreement Act 2020 (WAA), and looks at how Brexit will impact devolution. It also discusses the status of the UK’s existing territorial constitution. Finally, the chapter describes a possible federal future for the UK, and considers scenarios of regional independence.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Parliament ◽  
The European Union ◽  
The United Kingdom ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.

scholarly journals Why withdrawal from the European Union is undemocratic

2017 ◽  
Vol 9 (3) ◽  
pp. 436-465 ◽  
Author(s):  
Tore Vincents Olsen ◽  
Christian F. Rostbøll
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
Individual Member ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Political Units ◽  
Article 50 ◽  
The Eu

The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be undemocratic. We argue that it is the effect of withdrawal on the status of citizens as free and equal that is decisive and that explains why unilateral withdrawal of subunits from larger units is democratically illegitimate. Moreover, on the ‘all-affected status principle’ that we develop, even multilaterally agreed withdrawal is undemocratic because the latter diminishes the future ability of citizens to make decisions together regarding issues that affect their status as free and equal. On this basis, we conclude that it is undemocratic for a member state such as the United Kingdom to withdraw from the EU.

scholarly journals America, Brexit and the security of Europe

2017 ◽  
Vol 19 (3) ◽  
pp. 558-572 ◽  
Author(s):  
Wyn Rees
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
The European Union ◽  
European Security ◽  
The United Kingdom ◽  
Theoretical Perspectives ◽  
Security Relationship ◽  
The Uk ◽  
The Eu

The Obama administration played a surprisingly interventionist role in the UK referendum on membership of the European Union (EU), arguing that a vote to leave would damage European security. Yet this article contends that US attitudes towards the EU as a security actor, and the part played within it by the United Kingdom, have been much more complex than the United States has sought to portray. While it has spoken the language of partnership, it has acted as if the EU has been a problem for US policy. The United Kingdom was used as part of the mechanism for managing that problem. In doing so, America contributed, albeit inadvertently, to the Brexit result. With the aid of contrasting theoretical perspectives from Realism and Institutionalism, this article explores how America’s security relationship with the United Kingdom has helped to engineer a security situation that the United States wanted to avoid.

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

scholarly journals The British-Irish Border in the Context of Brexit

2020 ◽  
pp. 229-242
Author(s):  
Grzegorz Balawajder
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Northern Ireland ◽  
System Analysis ◽  
Comparative Method ◽  
Border Crossing ◽  
Free Movement ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk

The subject of the paper is reflections on the consequences of Brexit for the functioning of the border between Ireland and Northern Ireland. The author explains what this border means when the United Kingdom is no longer a member of the European Union, and thus the border may be a barrier to the free movement of people, goods, capital and services. At the same time, it is stressed that the exit of the United Kingdom from the European Union will have a significant impact on the change of the function of this border, which from then on is no longer an internal border of the Union. The aim of the paper is therefore to analyse the consequences of this change, with a simultaneous indication of different models of the UK’s functioning with relation to the European Union and their impact on the British-Irish relations, especially with regard to the various dimensions of the border as a barrier. The article presents various scenarios of solutions that will determine their mutual relations as a result of negotiations between the European Union and Great Britain, especially with regard to access to the single European market, which in turn will be influenced by the border between Ireland and Northern Ireland in the scope of the free movement of people, goods, capital and services. The author used the system analysis method and the comparative method. The author puts forward the thesis that if the negotiations cause a fairly strong loosening of relations between the UK and the European Union, to mitigate the consequences of such a situation for the Irish-British relations, it will be necessary to find and develop bilateral solutions that will facilitate border crossing. The Smart Border 2.0 concept can constitute such a solution.

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