This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave), the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’), as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).
Chapter
24. Brexit
Chapter
28. Brexit
This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave);, the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’); as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).
Chapter
2. The EU institutions
This chapter discusses the different institutions that make up the ‘EU government’. It begins by explaining the Article 50 TEU (Treaty of European Union) process, which sets out how a Member State can leave the EU. The chapter then describes the European Council, the European Commission, the Council of Ministers, the European Parliament, and the Court of Justice of the European Union (CJEU). The two other EU institutions set out in Article 13 TEU include the European Central Bank and the Ombudsman. The chapter then considers how the roles of the EU institutions in the UK will change over the next few years following Brexit. It studies the Withdrawal Agreement and assesses what happens after the so-called transition period.
Chapter
20. Epilogue
Brexit and the Union: Past, Present, Future
This chapter explores the past, present, and future of Brexit. It begins by offering a historical overview of British membership in the Union. With its commitment to European integration often selective, the United Kingdom had come to be seen as an ‘awkward partner’ within the European Union. The chapter then looks at the process of withdrawal and, in particular, the nature and content of Article 50 TEU—the provision that regulates the process. Subsequently, it analyses the post-Brexit Withdrawal Agreement that governs the relationship between the European Union and the United Kingdom today. Finally, the chapter tries to look into the future and discusses the prospective partnership options that have been on the diplomatic table for the post-2020 economic relations between the European Union and the United Kingdom.
Chapter
16. Brexit
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses Brexit, and in particular the EU–UK Withdrawal Agreement, the Political Declaration setting out the framework for the future relationship between the EU and the UK, the EU–UK Trade and Cooperation Agreement, and the UK’s own domestic legislation corresponding to these, the EU Withdrawal Act 2018 and the Future Relationship Act 2020. These instruments set out the basis for the future legal and trade relationship between the UK and the EU now that the UK is no longer an EU Member State.
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15. The relationship of the UK with the European Union and Brexit
This chapter charts the long association of the UK with the EU. It considers all aspects of this relationship including pre membership, entry to the EC (EU), the first UK EU referendum in 1975 and the relationship over five decades. It considers how EU law was granted supremacy over UK law and how the courts viewed this. It considers the period up to and, including the 2016 UK EU referendum on exiting or remaining in the EU and the immediate consequences of that. Finally, and now most importantly, it looks at the negotiations and means by which the UK legally exited the EU on 31 January and the movement into the next stage of that relationship: the future trade relationship with the EU.
Chapter
15. The relationship of the UK with the European Union and Brexit
This chapter charts the long association of the UK with the EU. It considers all aspects of this relationship including pre-membership, entry to the EC (EU), the first UK EU referendum in 1975, and the relationship over five decades. It considers how EU law was granted supremacy over UK law and how the courts viewed this. The chapter looks at the period up to and beyond the 2016 UK EU referendum on exiting or remaining in the EU. The immediate consequences of the result and the negotiations which were concluded following this to enable the UK to legally exit the EU on 31 January 2020 are also considered. The role of Article 50 of the Treaty on European Union (TEU) is discussed and particular attention is focused on the Northern Ireland Protocol. The chapter concludes with a fairly detailed look at the 2020 EU–UK Trade and Cooperation Agreement.
