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Public LawText, Cases, and Materials

Public Law: Text, Cases, and Materials (4th edn)

Andrew Le Sueur, Maurice Sunkin, and Jo Eric Khushal Murkens
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date: 24 May 2024

22. p. 795Joining, Leaving, Transitioning: The UK’s Relationship With the European Unionlocked

22. p. 795Joining, Leaving, Transitioning: The UK’s Relationship With the European Unionlocked

  • Andrew Le Sueur, Andrew Le SueurProfessor of Constitutional Justice, University of Essex
  • Maurice SunkinMaurice SunkinProfessor of Public Law and Socio-Legal Studies, University of Essex
  •  and Jo Eric Khushal MurkensJo Eric Khushal MurkensAssociate Professor of Law, London School of Economics and Political Science

Abstract

This chapter discusses the constitutionalization of EU law, which was led by the European Court of Justice from the 1960s using the twin principles of direct effect and supremacy. These principles were fully developed by the time the UK joined the European Community in 1973. The chapter will examine the UK’s accession process with particular reference to the European Communities Act 1972 before turning to the complex three-stage process of withdrawing from the EU. In that context, the 2016 referendum, Article 50 TEU, and the UK Supreme Court’s hearing of the English case of Miller and the Northern Irish case of McCord and Agnew, will be considered. In addition, the chapter will focus on the constitutional status of the Withdrawal Agreement, the transition period, and the constitutional importance of Northern Ireland for the current and future relationship between the UK and the EU.

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