The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.
Leaving the EU, in line with the singular nature of this unique organisation and as evidenced by Brexit, is a supranational affair that imposes considerable legal and procedural constraints on a Member State's right, process and outcome of withdrawal.
The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The EU is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. The EU currently consists of 28 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent. The EU has been built through a series of binding treaties. Over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union; a single market in which capital, goods, services, and people move freely; a common trade policy; and a common agricultural policy. Nineteen EU member states use a common currency (the euro), and 22 member states participate in the Schengen area of free movement in which internal border controls have been eliminated. In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA) to forge common internal security measures. Member states work together through several EU institutions to set policy and to promote their collective interests. In recent years, however, the EU has faced a number of internal and external crises. Most notably, in a June 2016 public referendum, voters in the United Kingdom (UK) backed leaving the EU. The pending British exit from the EU (dubbed "Brexit") comes amid multiple other challenges, including the rise of populist and to some extent anti-EU political parties, concerns about democratic backsliding in some member states (including Poland and Hungary), ongoing pressures related to migration, a heightened terrorism threat, and a resurgent Russia. The United States has supported the European integration project since its inception in the 1950s as a means to prevent another catastrophic conflict on the European continent and foster democratic allies and strong trading partners. Today, the United States and the EU have a dynamic political partnership and share a huge trade and investment relationship. Despite periodic tensions in U.S.-EU relations over the years, U.S. and EU policymakers alike have viewed the partnership as serving both sides' overall strategic and economic interests. EU leaders are anxious about the Trump Administration's commitment to the EU project, the transatlantic partnership, and an open international trading system-especially amid the Administration's imposition of tariffs on EU steel and aluminum products since 2018 and the prospects of future auto tariffs. In July 2018, President Trump reportedly called the EU a "foe" on trade but the Administration subsequently sought to de-escalate U.S.-EU tensions and signaled its intention to launch new U.S.-EU trade negotiations. Concerns also linger in Brussels about the implications of the Trump Administration's "America First" foreign policy and its positions on a range of international issues, including Russia, Iran, the Israeli-Palestinian conflict, climate change, and the role of multilateral institutions. This report serves as a primer on the EU. Despite the UK's vote to leave the EU, the UK remains a full member of the bloc until it officially exits the EU (which is scheduled to occur by October 31, 2019, but may be further delayed). As such, this report largely addresses the EU and its institutions as they currently exist. It also briefly describes U.S.-EU political and economic relations that may be of interest.
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Essential Public Affairs for Journalists is the definitive handbook for journalism students looking for a firm foundation in their understanding of central and local government in the UK. The book guides readers through the constitutional framework and the governing institutions of the United Kingdom before considering the electoral system and the principal political parties. A number of key topics are discussed, including COVID-19 and healthcare, Brexit, education, housing, transport, and social security. James Morrison seamlessly depicts how these services operate while educating readers on how informative news stories are generated in the public eye. Every chapter ends with a helpful summary of 'take-home points', allowing students to recap on areas that are likely to be examined. 'Current issues' are also offered as thinking points for students in considering how governance of the UK interacts with public and cultural affairs. Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Offering a comprehensive and structured analysis of the reasons why the EU lacks external coherence towards Russia, this book presents important new insights to the topic beyond conventional institutionalist arguments. Philipp Thaler utilises key cases in external energy and human rights policies to highlight the on-going difficulties in creating a coherent position, despite the EU’s formally stated objective to achieve this.
Britain, France and Europe, 1945-1975 takes a fresh look at the international trajectories of Europe's premier democracies. The side-lining of Britain and France in the Cold War era, argues Adamthwaite, was preventable. A Franco-British Europe came within a whisker of realization. Condemning President Charles de Gaulle as an intransigent gatekeeper created a convenient alibi for self-inflicted missteps. UK bids for European Community membership ignored the elephant in the room - the need for partnership in a superpower age. A marriage powering the Community could have repositioned Western Europe as partner, not client of the United States. Although perceived as a failing power, France outperformed Britain - seizing the initiative in European construction, and winning primacy in western Europe. As well as exploring sharply contrasting national experiences in the aftermath of war, the author analyses the reasons for French success. The analysis evaluates key influences: the mental maps of decision makers; leadership styles; the post-1945 international system; policy making machinery; the 'democratic deficit' in British and French politics; and public opinion. Drawing on American, British and French official records, together with private papers and interviews, this enlightening study highlights the importance of contingency and individual actors, and will be of great interest to scholars of modern European history.
The European Union (EU) is a unique partnership in which member states have pooled sovereignty in certain policy areas and harmonized laws on a wide range of economic and political issues. The EU is the latest stage in a process of European integration begun after World War II, initially by six Western European countries, to promote peace, security, and economic development. The EU currently consists of 28 member states, including most of the formerly communist countries of Central and Eastern Europe. The EU is largely viewed as a cornerstone of European stability and prosperity. For much of the last decade, however, many EU countries have faced considerable economic difficulties. Despite an improved economic situation in the EU since 2017, economic pressures and societal changes have contributed to the rise of populist and antiestablishment political parties, at least some of which harbor anti-EU or "euroskeptic" sentiments. Such trends have complicated the EU's ability to deal with multiple internal and external challenges. Among the most prominent challenges are the pending departure of the United Kingdom (UK) from the EU ("Brexit"); democracy and rule-of-law concerns in Poland, Hungary, and other EU members; migration and related societal integration concerns; a resurgent Russia; and a heightened terrorism threat. Amid these difficult issues, some are questioning the future shape and character of the EU are being. Supporters of the EU worry that some aspects of EU integration could be stopped or reversed. Others contend that the multiple crises could produce some beneficial reforms that ultimately would transform the EU into a more effective, cohesive entity. Recently, considerable attention has focused on developing a "multispeed EU," in which some EU members could pursue greater integration in specified areas and others could opt out. Successive U.S. Administrations and many Members of Congress long have supported the European integration project, viewing it as crucial to European peace and security and as a way to foster strong U.S. allies and trading partners. Despite some tensions over the years, the United States and the EU share a dynamic political partnership on various foreign policy issues and an extensive trade and investment relationship. How the EU evolves in the years ahead may have strategic and economic repercussions for the United States. At the same time, some EU leaders are concerned about President Trump's apparent skepticism of the EU and his reported assessment of the bloc as an economic competitor. Those of this view also worry that elements of the Trump Administration's "America First" foreign policy-such as the U.S. decision to withdraw from the 2015 multilateral nuclear deal with Iran-pit the United States against the EU. A number of European officials and analysts question whether traditional U.S. support for close U.S.-EU relations may be shifting and whether the United States will remain a reliable international partner. Some observers suggest that managing relations with the United States under the Trump Administration has emerged as another, somewhat unexpected, challenge for the EU. At the same time, many in the EU hope to preserve close U.S.-EU ties and EU policymakers continue to seek to cooperate with the Trump Administration where possible on issues of common interest and concern. This report provides a brief history of the EU and the major challenges confronting the bloc. It also discusses the potential implications for the EU and for U.S.-EU relations.
