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Research Handbook on Legal Aspects of Brexit
Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.
More Information
Critical Acclaim
Contributors
Contents
More Information
Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.
Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and the EU-UK future relationship, including Brexit’s impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration.
The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.
Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and the EU-UK future relationship, including Brexit’s impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration.
The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.
Critical Acclaim
‘This important work emerges as an indispensable legal roadmap to navigate the most important dark spots in the maze of the populist low point in recent British history. You will find it delightful even being deeply upset by the subject matter.’
– Dimitry Kochenov, Central European University, Austria
‘This is a splendid work of collective scholarship, which provides a comprehensive overview of the principal instruments of Brexit, and the impact of withdrawal on the most salient aspects of United Kingdom law and the functioning of the European Union. It deserves to be the “go to” book on legal aspects of Brexit for many years to come.’
– Kieran Bradley, former Special Adviser on Brexit to the Court of Justice of the European Union
– Dimitry Kochenov, Central European University, Austria
‘This is a splendid work of collective scholarship, which provides a comprehensive overview of the principal instruments of Brexit, and the impact of withdrawal on the most salient aspects of United Kingdom law and the functioning of the European Union. It deserves to be the “go to” book on legal aspects of Brexit for many years to come.’
– Kieran Bradley, former Special Adviser on Brexit to the Court of Justice of the European Union
Contributors
Contributors: Yohannes Ayele, Catherine Barnard, Andrea Biondi, Steven Blockmans, Ingo Borchert, Julija Brsakoska Bazerkoska, Graham Butler, Simon Cox, Richard Crowe, Adam Cygan, Wybe Th. Douma, Federico Fabbrini, Aislinn Fanning, Eleni Frantziou, Michael Gasiorek, Michael Gordon, Agata Gostyńska-Jakubowska, Elspeth Guild, Peter Holmes, Anneli Howard, Anna Jerzewska, Jeff Kenner, Theodore Konstadinides, Panos Koutrakos, Joris Larik, Vesna Lazić, Adam Łazowski, Valsamis Mitsilegas, Minako Morita-Jaeger, Chukwuma Okoli, Riccardo Sallustio, Dagmar Schiek, Alicja Sikora, Alan Wager, Ramses A. Wessel
Contents
Contents:
Introduction to the Research Handbook on Legal Aspects of Brexit 1
Adam Cygan and Adam Łazowski
PART I PROCESS
1 Brexit’s impact on the political system of the United Kingdom 17
Alan Wager
2 The UK and parliamentary government after Brexit – A dis-United Kingdom? 33
Michael Gordon
3 What about our constitutional requirements? Revisiting the decision of
the UK to withdraw from the European Union 54
Theodore Konstadinides and Riccardo Sallustio
4 And then they were (again) twenty-seven: the EU-UK Withdrawal Agreement 73
Adam Łazowski
5 Retained EU law in the UK legal orders: continuity between the old and
the new 98
Catherine Barnard
PART II POST-MEMBERSHIP EU-UK LEGAL FRAMEWORK
6 The EU-UK Trade and Cooperation Agreement: forging partnership or
managing rivalry? 122
Joris Larik and Ramses A. Wessel
7 Not so frictionless after all: trade in goods and services in the EU-UK
Trade and Cooperation Agreement 148
Yohannes Ayele, Ingo Borchert, Michael Gasiorek, Peter Holmes, Anna
Jerzewska, Minako Morita-Jaeger and Suzannah Walmsley
8 The EU Customs Union, free movement of goods, and enforcement
mechanisms in the Protocol on Northern Ireland: a legal appraisal 175
Graham Butler
9 Criminal justice and security cooperation after Brexit 198
Valsamis Mitsilegas
10 Private international law and cooperation in civil and commercial
matters after Brexit – legislative gaps and future developments 221
Vesna Lazić and Chukwuma Okoli
11 After the Brexit bonfire: identifying the embers of future foreign,
security and defence cooperation with the EU 240
Steven Blockmans
PART III REPATRIATION OF LAWS AND COMPETENCES
12 Constitutional impact of withdrawal on the protection of fundamental rights 257
Eleni Frantziou
13 ‘Taking Back Control’: the challenges and opportunities of United
Kingdom regulatory autonomy 276
Adam Cygan
14 Environmental protection after Brexit: preventing the return of Europe’s
dirty man 300
Wybe Th. Douma
15 Brexit and workers’ rights: managing divergence and managing trust 320
Jeff Kenner
16 Equality law after ‘Brexit’ – stunted or reverse ‘repatriation’? 346
Dagmar Schiek and Aislinn Fanning
17 Immigration: EU citizens and the UK 366
Elspeth Guild and Simon Cox
18 Levelling up a Level playing field: competition and subsidies in
post-Brexit Britain 383
Andrea Biondi and Anneli Howard
19 Three narratives on the United Kingdom’s trade agreements post-Brexit 403
Panos Koutrakos
PART IV APRÈS BREXIT: THE EUROPEAN UNION OF TWENTY SEVEN
20 UK, EU institutions, and Brexit: good times, bad times 423
Agata Gostyńska-Jakubowska and Adam Łazowski
21 Goodbye but no good riddance: Internal Market with and without the
United Kingdom 448
Adam Łazowski
22 EU finances post-Brexit 470
Richard Crowe
23 Brexit and Europe à géometrie variable: towards the beginning or the
end of the differentiated integration within the EU legal order? 491
Alicja Sikora
24 Impact of Brexit on future enlargements of the European Union: a view
from the Balkans 507
Julija Brsakoska Bazerkoska
25 The future of the EU beyond the war in Ukraine 524
Federico Fabbrini
26 Conclusions – life is going to be different 538
Adam Cygan and Adam Łazowski
Index 557
Introduction to the Research Handbook on Legal Aspects of Brexit 1
Adam Cygan and Adam Łazowski
PART I PROCESS
1 Brexit’s impact on the political system of the United Kingdom 17
Alan Wager
2 The UK and parliamentary government after Brexit – A dis-United Kingdom? 33
Michael Gordon
3 What about our constitutional requirements? Revisiting the decision of
the UK to withdraw from the European Union 54
Theodore Konstadinides and Riccardo Sallustio
4 And then they were (again) twenty-seven: the EU-UK Withdrawal Agreement 73
Adam Łazowski
5 Retained EU law in the UK legal orders: continuity between the old and
the new 98
Catherine Barnard
PART II POST-MEMBERSHIP EU-UK LEGAL FRAMEWORK
6 The EU-UK Trade and Cooperation Agreement: forging partnership or
managing rivalry? 122
Joris Larik and Ramses A. Wessel
7 Not so frictionless after all: trade in goods and services in the EU-UK
Trade and Cooperation Agreement 148
Yohannes Ayele, Ingo Borchert, Michael Gasiorek, Peter Holmes, Anna
Jerzewska, Minako Morita-Jaeger and Suzannah Walmsley
8 The EU Customs Union, free movement of goods, and enforcement
mechanisms in the Protocol on Northern Ireland: a legal appraisal 175
Graham Butler
9 Criminal justice and security cooperation after Brexit 198
Valsamis Mitsilegas
10 Private international law and cooperation in civil and commercial
matters after Brexit – legislative gaps and future developments 221
Vesna Lazić and Chukwuma Okoli
11 After the Brexit bonfire: identifying the embers of future foreign,
security and defence cooperation with the EU 240
Steven Blockmans
PART III REPATRIATION OF LAWS AND COMPETENCES
12 Constitutional impact of withdrawal on the protection of fundamental rights 257
Eleni Frantziou
13 ‘Taking Back Control’: the challenges and opportunities of United
Kingdom regulatory autonomy 276
Adam Cygan
14 Environmental protection after Brexit: preventing the return of Europe’s
dirty man 300
Wybe Th. Douma
15 Brexit and workers’ rights: managing divergence and managing trust 320
Jeff Kenner
16 Equality law after ‘Brexit’ – stunted or reverse ‘repatriation’? 346
Dagmar Schiek and Aislinn Fanning
17 Immigration: EU citizens and the UK 366
Elspeth Guild and Simon Cox
18 Levelling up a Level playing field: competition and subsidies in
post-Brexit Britain 383
Andrea Biondi and Anneli Howard
19 Three narratives on the United Kingdom’s trade agreements post-Brexit 403
Panos Koutrakos
PART IV APRÈS BREXIT: THE EUROPEAN UNION OF TWENTY SEVEN
20 UK, EU institutions, and Brexit: good times, bad times 423
Agata Gostyńska-Jakubowska and Adam Łazowski
21 Goodbye but no good riddance: Internal Market with and without the
United Kingdom 448
Adam Łazowski
22 EU finances post-Brexit 470
Richard Crowe
23 Brexit and Europe à géometrie variable: towards the beginning or the
end of the differentiated integration within the EU legal order? 491
Alicja Sikora
24 Impact of Brexit on future enlargements of the European Union: a view
from the Balkans 507
Julija Brsakoska Bazerkoska
25 The future of the EU beyond the war in Ukraine 524
Federico Fabbrini
26 Conclusions – life is going to be different 538
Adam Cygan and Adam Łazowski
Index 557
