1-13 of 13 Results

  • Keyword: EU membership x
Clear all

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Public Law

5. Parliamentary sovereignty, the European Union, and Brexit  

This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.

Chapter

Cover The Changing Constitution

4. Brexit and the UK Constitution  

Paul Craig

This chapter is, for obvious reasons, not a modification of the chapter from the previous edition. It is a completely new chapter, which considers the effect of Brexit on the UK constitution. There is discussion of the constitutional implications of triggering exit from the EU, and whether this could be done by the executive via the prerogative, or whether this was conditional on prior legislative approval through a statute. The discussion thereafter considers the constitutional implications of Brexit in terms of supremacy, rights, executive accountability to the legislature and devolution. The chapter concludes with discussion as to the paradox of sovereignty in the context of Brexit.

Chapter

Cover Complete Public Law

8. Parliamentary Supremacy and Membership of the European Union  

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 provides an overview of the relationship between the European Union (EU) and the UK and the impact of this relationship on Parliament’s legislative supremacy. It begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affected the UK legal order during the UK’s membership and its implications for parliamentary supremacy. It considers the impact of Brexit and the UK–EU Trade and Co-operation Agreement on the UK’s constitutional framework.

Chapter

Cover EU Law in the UK

16. Negotiating a ‘future relationship’: EU external relations law  

This chapter examines the ‘future relationship’ agreement(s) that will apply between the UK and the EU. Following the adoption of the Withdrawal Agreement, the UK will be looking to conclude what the EU terms a ‘future relationship’ agreement with the EU over the course of the transition period. That ‘future relationship’ will address both the conditions under which the UK trades with the EU in the future — or what replaces the internal market — and how the UK and the EU relate to each other diplomatically — or what replaces ‘membership’ of the EU as an institution. The EU Treaties set out clear processes for the conclusion of international agreements between the EU and other countries. The chapter explores what those processes are, considering what powers the EU has to conclude international agreements. It also looks at how decision-making relating to those international agreements takes place within the EU institutions.

Chapter

Cover Complete EU Law

3. Sovereignty and sources of law  

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 examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

Chapter

Cover EU Law in the UK

6. The relationship between EU and national law  

This chapter focuses on the relationship between EU law and national law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU law of the Court of Justice of the European Union (CJEU). When a national court observes that a national law clashes with an EU law, they must set aside that national law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU law instead of conflicting national law, but it is likely that different domestic courts would take different decisions as to whether to apply EU law over national law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU law.

Chapter

Cover The Substantive Law of the EU

9. Union Citizenship  

This chapter examines the concept of Union citizenship and the rights EU citizens enjoy. European citizenship allows individuals a variety of associative relations based on economic, social, cultural, scholarly, and even political activities, irrespective of the traditional territorial boundaries of the European nation states. In particular, this chapter examines the rights enjoyed by citizens under the Citizens’ Rights Directive 2004/38, including family rights and the rights citizens enjoy irrespective of whether they are economically active.

Chapter

Cover European Constitutional Law

Conclusion. The Future(s) of the European Union  

This concluding chapter explores the European Union’s potential future evolution alongside two dimensions. A horizontal dimension focuses on the widening or narrowing of its membership, while a vertical dimension explores the deepening or flattening of its level of integration. Every change in the membership of the Union represents a fundamental change in its material constitution. This change can occur either through European enlargements or national withdrawals. Brexit in 2020 was the first instance in which a Member State withdrew from the European Union. Ultimately, the possibility of future reductions in EU membership cannot be categorically excluded; yet the political appetite seems minimal. And a national exit from the European Union will also be much harder for those States within the Union that have constitutionally committed themselves to European integration. The chapter then looks at the European Commission’s ‘White Paper on the Future of Europe’, which presents five scenarios offering ‘a series of glimpses into the potential state of the Union by 2025’.

Chapter

Cover Concentrate Questions and Answers Public Law

6. Parliamentary sovereignty  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter considers questions relating to parliamentary sovereignty. There is a traditional doctrine of parliamentary supremacy, but it has had to be adapted to accommodate membership of the European Union. The questions deal with issues such as the meaning and implications of ‘parliamentary supremacy’; the impact of the UK’s EU membership on the doctrine of parliamentary sovereignty; the effect of EU legislation, such as directives, in English Law; how the European Union works; and how Brexit will affect parliamentary supremacy.

Chapter

Cover Cases and Materials on Constitutional and Administrative Law

2. The Legislative Sovereignty of Parliament  

This chapter deals with the doctrine of the legislative sovereignty of Parliament. First, the nature of parliamentary sovereignty is considered. Next, the question of whether Parliament can limit the powers of its successors is explored, addressing possible substantive and procedural limits on legislative sovereignty. The chapter then assesses a range of modern challenges to parliamentary sovereignty: those posed by membership of and exit from the EU (including the process and impact of Brexit), human rights, the decision of the House of Lords in Jackson, common law rights and principles, and referendums.

Chapter

Cover Complete EU Law

1. The origins of the European Union and EU law  

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 the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957); the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.