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Brexit

Viimati täiendatud: 20.02.2018

23. juunil 2016 toimus Suurbritannias ajalooline referendum Euroopa Liidu liikmelisuse ... Loe edasi
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2017

  • Adler-Nissen, Rebecca; Galpin, Charlotte; Rosamond, Ben. Performing Brexit: How a post-Brexit world is imagined outside the United Kingdom // The British Journal of Politics and International Relations (2017) Vol. 19, no 3, p. 573–591.
    Theresa May’s claim that ‘Brexit means Brexit’ demonstrates the malleability of the concept. The referendum campaign showed that ‘Brexit’ can be articulated to a variety of post-Brexit scenarios. While it is important to analyse how Brexit gives rise to contestation in the United Kingdom, Brexit is also constructed from the outside. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Allen, Nicholas. Brexit, Butchery and Boris: Theresa May and Her First Cabinet // Parliamentary Affairs (2017) Vol 70, no 3, p. 633–644.
    This note analyses the formation of Theresa May’s first Cabinet. It locates her appointments against the backdrop of the Brexit referendum and compares them to those of other Prime Ministers who took office during the lifetime of a parliament. The scale of May’s reconstruction marks her out as one of the readier ‘butchers’ of Downing Street. It demonstrated her acceptance of the Brexit referendum result, signalled a clear break with Cameron and served to consolidate her power base. [Oxford University Press Journals]
  • Andreangeli, Arianna. The consequences of Brexit for competition litigation: an end to a “success story”? // European Competition Law Review (2017) Vol. 38, no. 5, p. 228-236. [Thomson Reuters Westlaw]
  • Bachtler, John; Begg, Iain. Cohesion policy after Brexit: the economic, social and institutional challenges // Journal of Social Policy (2017) Vol. 46, no. 4, p. 745-763.
    Since 1988, when the current EU Cohesion Policy was introduced, it has played an influential role in setting priorities for policies aimed at dealing with the effects of European economic integration on regional and social disparities. Although, latterly, the amount of money spent in the UK through the European Structural and Investment Funds (ESIF) has declined, EU programmes have had a disproportionate effect on the design and implementation of UK policies shaping regional and local economic and social development. This paper starts by recalling how EU Cohesion Policy has functioned in the UK, then considers how Brexit may affect regional and social development and the need for a corresponding policy response, focusing on the sorts of policies currently supported by the European Regional Development Fund (ERDF) and the European Social Fund (ESF). [ProQuest Research Library]
  • Brexit Editorial Vol 23 Is 1, Feb/March 2017 / European Public Law (2017) Vol. 23, no. 1, p. 1–11. [Kluwer Law Online]
  • Britain and the European Union: The six flavours of Brexit // The Economist (2017) July 22nd, Vol. 423(9050), p. 25-27.
  • Chalmers, Damian. Brexit and the renaissance of parliamentary authority // The British Journal of Politics and International Relations (2017) Vol. 19, no. 4, p. 663-679.
    With the promised return of Parliamentary powers, Brexit is supposed to be a fillip for representative democracy. There is a significant danger that will not be so. EU membership weakened the conditions for representative democracy within those fields governed by the EU. Whitehall will almost be the central player in the reform of EU-derived law. And policy styles are being developed which marginalise rather than consolidate UK legislatures in these fields. Restoration of representative democracy will require a realistic re-evaluation of its virtues so that these can be protected and a re-imagination of the possibilities and limits of parliaments within such a landscape. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Copeland, Paul; Copsey, Nathaniel. Rethinking Britain and the European Union: Politicians, the Media and Public Opinion Reconsidered // Journal of Common Market Studies (2017) Vol. 55, no 4, p709-726.
    This article re-examines the role of the media in the UK debate on EU membership. It argues that the embedding of euroscepticism in the UK stems neither from a single phase in the UK-EU relationship, nor from the agency of the UK press or its proprietors. [Business Source Complete (EBSCO), viimane aasta ei ole kättesaadav]
  • Curtice, John. Why leave won the UK´s EU referendum //The JCMS annual review of the European Union in 2016 (2017) Vol. 55, p. 19-37.
    The outcome of the referendum on the UK´s membership of the EU represents one of the biggest blows to the Europen project since the founding of the then Common Market in 1958. Greenland apart, the EU has gradually gained members rather than lost them. The resulting expansions has meant that it has come to encompass most of the continent west of Russia. Now it is not only set to lose a member, but also one of its bigger ones.
  • Eeckhout, Piet; Frantziou, Eleni. Brexit and Article 50 TEU: A constitutionalist reading // Common Market Law Review (2017) Vol. 54, no 3, p. 695-733. [Paberväljaanne]
  • Eleftheriadis, Pavlos. Two Doctrines of the Unwritten Constitution // European Constitutional Law Review (2017) Vol. 13, no. 3, p. 525-550.
    In the Gina Miller judgment of January 2017, the United Kingdom Supreme Court addressed the procedural means of the UK’s withdrawal from the EU following the referendum result of June 2016.1 The process of withdrawal depends on domestic constitutional law but also on the particular mechanism provided for withdrawal by the Treaty on the European Union. Initially, the Supreme Court was only concerned with the domestic question, but inevitably had to also look at the EU treaties. Article 50 of the Treaty on the European Union requires a Member State to give notice of its intention to withdraw, thus starting a two-year process of negotiations.2 If, at the end of the two years, there is no withdrawal agreement and no extension has been agreed upon, the Member State leaves the EU at once and the treaties “cease to apply’. [Thomson Reuters Westlaw]
  • Ellison, Marion. Through the Looking Glass: Young People, Work and the Transition between Education and Employment in a post-Brexit UK // Journal of Social Policy (2017) Vol. 46, no. 4, p. 675-698.
    The prospect of a profound transformation in the relationship between the UK and the European Union has raised a range of economic, social and political concerns. Whilst the ultimate shape of a negotiated post-Brexit settlement is uncertain, the potential loss or reduction in access to EU funding streams, educational mobility, EU labour market access, and changes to employment rights and regulations will impact significantly upon young people across the UK. /—/ This article provides an analysis of the role of EU funding streams and operational programmes directed at young people’s transitions between education and employment across the UK.  [ProQuest Research Library]
  • Facing up to Brexit; Leaders// The Economist (2017) July 22nd, Vol.423(9050), p. 9.
  • Farnsworth, Kevin. Taking back Control or Empowering Big Business? New Risks to the Welfare State in the post-Brexit Competition for Investment // Journal of Social Policy (2017) Vol. 46, no. 4, p. 699-718. Capitalist economies depend on private business investment, and all governments in similar states compete to induce businesses to invest through various policy interventions. In so doing, they compete with other governments to retain current investors and to encourage new ones from elsewhere. The implications for policy-making and, by extension, citizens, are huge. The pressure on governments to capture new investment has an impact on taxation policies, workplace regulations, legal protections, public infrastructure and social policies. However, not all governments compete for investment in the same way at the same time, and not all businesses are attracted by the same inducements offered by states, highlighting the possibility that public policies shape investment strategies, just as investment strategies also shape public policies. It is its development of relatively unique and aggressive strategies to capture new investment that places the UK in a vulnerable position post-Brexit. It has successfully attracted mobile corporations to its shores, in part because it has offered a particularly favourable gateway into Europe for foreign capital. This raises questions about how the country will seek to compete for capital investment in future. This paper examines these questions with reference to both theoretical and empirical evidence. [ProQuest Research Library]
  • Farrand, Benjamin. Bold and newly Independent, or Isolated and Cast Adrift? The Implications of Brexit for Intellectual Property Law and Policy // Journal of Common Market Studies (2017) Vol. 55, no. 6, p. 1306-1321.
    What happens when a breakdown in relations results in mutually possessed objectives becoming harder to achieve? This article explores the consequences of the UK’s withdrawal from the EU for intellectual property (IP) law and policy. Compared with other fields such as Economic and Monetary Union and the development of the EU’s ‘social chapter’, the UK has been a supportive and proactive player in internal market integration, particularly pertaining to IP protection. As a result of ‘Brexit’, the EU may find that the impetus for further harmonization and integration in this field is lost, such as with the EU unitary patent. However, the consequences for the UK are likely to be more severe – a loss of influence, both over laws that govern it and in exporting IP norms internationally, as well as a loss of access to certain protections, agencies and market sectors that are within the UK’s economic interests. [Business Source Complete (EBSCO)]
  • Ferrera, Maurizio. The Stein Rokkan Lecture 2016 Mission impossible? Reconciling economic and social Europe after the euro crisis and Brexit // European Journal of Political Research (2017), Vol. 56, no. 1, p.3-22.
    During the crisis, the European Union’s ‘social deficit’ has triggered an increasing politicisation of redistributive issues within supranational, transnational and national arenas. Various lines of conflict have taken shape, revolving around who questions (who are ‘we’? – i.e., issues of identity and inclusion/exclusion); what questions (how much redistribution within and across the ‘we’ collectivities) and who decides questions (the locus of authority that can produce and guarantee organised solidarity). The key challenge facing today’s political leaders is how to ‘glue’ the Union together as a recogniseable and functioning polity. This requires a double rebalancing: between the logic of ‘opening’ and the logic of ‘closure’, on the one hand, and between the logic of ‘economic stability’ and ‘social solidarity’, on the other. Building on the work of Stein Rokkan and Max Weber, this article argues that reconciliation is possible, but only if carefully crafted through an extraordinary mobilisation of political and intellectual resources. [Viimane aasta ei ole kättesaadav]
  • Fooks, Gary. The Tolerable Cost of European Union Regulation: Leaving the EU and the Market for Politically Convenient Facts // Journal of Social Policy (2017) Vol. 46, no. 4, p. 719-743.
    European Union law-making has played a key role in promoting social equity in the UK through safer working conditions, enhanced rights for workers, and by reducing environmental pollution. Concerns over its effect on business competitiveness have long been a major driver of Euroscepticism, underpinning criticism of the EU by influential opinion formers within British conservatism. The Leave Campaign argued that EU laws damage the UK economy by imposing unnecessary costs on British business, claiming that EU regulations cost the UK economy £33.3 billion per year. This paper examines the reliability of, and assumptions that underpin, aggregated estimates of the costs and benefits of EU-derived regulation, and considers how the economisation of public policy influences understanding of the social value of regulation. [ProQuest Research Library]
  • Gamble, Andrew. British Politics after Brexit // Political Insight (2017) Vol. 8, no. 1, p. 4-6.
    How significant will the UK’s vote to leave the European Union turn out to be? Will our politics carry on broadly as before, or are we on the cusp of a major shift in the very fabric Britain itself? Andrew Gamble weighs up the options. [SAGE Premier]
  • Gauci, Jean-Pierre; Griffith, Arianne; McCorquodale, Robert. Brexit Financial Disputes and Public International Law // European Law Review (2017) Vol. 42, no. 5, p. 619-634.
    In the context of the UK’s exit from the EU, this article explores the nature of the disputes that may arise in the event of a failure to reach an agreement by the UK and the EU on financial matters, and how these may be resolved in the absence of such an agreement. In particular, this article considers—from a public international law perspective—whether the UK’s international obligations under EU treaties survive the UK’s withdrawal from the EU, which actors will have standing to bring a claim, and which dispute settlement bodies might adjudicate such a dispute. [Thomson Reuters Westlaw]
  • Geoghegan, Peter. Brexit Means Brexit – But What Does Brexit Mean? // Political Insight (2017) Vol. 8, no. 1, p. 3.
    Will the UK be unable to stop at breaking away from one supra-national amalgamation of nation states? Kevin Meagher investigates. [SAGE Premier]
  • Goodlad, Graham. Theresa May: A premiership in crisis // Political Insight (2017) Vol. 8, no. 3, p. 8-11.
    The reversal of Theresa May’s fortunes, following her catastrophic decision to call a premature general election, demonstrates the vulnerability of a Prime Minister who cannot command a parliamentary majority. Despite her flaws, May remains the least worst option for many Tories.
  • Goodwin, Matthew; Milazzo, Caitlin. Taking back control? Investigating the role of immigration in the 2016 vote for Brexit // The British Journal of Politics and International Relations (2017) Vol. 19, no. 3, p. 450–464.
    The 2016 referendum marked a watershed moment in the history of the United Kingdom. The public vote to leave the European Union (EU)—for a ‘Brexit’—brought an end to the country’s membership of the EU and set it on a fundamentally different course. Recent academic research on the vote for Brexit points to the importance of immigration as a key driver, although how immigration influenced the vote remains unclear. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Goodwin, Matthew. What Brexit Means for Britain // Current history : a journal of contemporary world affairs (2017) Vol. 116, no. 788 (March), p. 107-111.
    On Jun 23, 2016, the UK voted to leave the European Union. The result of the national referendum, the first such British vote on the question of Europe since 1975, marked a watershed moment — not only in the UK’s relationship with its continental neighbors but also in the overall evolution of the EU. [ProQuest Research Library, viimane aasta ei ole kättesaadav]
  • Gormley-Heenan, Cathy; Aughey, Arthur. Northern Ireland and Brexit: Three effects on ‘the border in the mind’ // The British Journal of Politics and International Relations (2017) Vol. 19, no. 3, p. 497–511.
    For those who spoke on behalf of Leave voters, the result on 23 June 2016 meant the people of the United Kingdom were taking back ‘control’ or getting their ‘own country back’. However, two parts of the United Kingdom did not vote Leave: Scotland and Northern Ireland. Here, the significant counterpoint to ‘taking back control is “waking up in a different country”’, and this sentiment has unique political gravity. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Glencross, Andrew. The Contradictory Political Philosophy of Brexit // Political Insight (2017) Vol. 8, no. 1, p. 26-29.
    Brexit rests on a profound contradiction, argues Andrew Glencross. Voters rejected government advice to stay in the European Union, but rely on the same parliamentary majority to craft a better alternative. A general election – or second referendum – is likely before the UK leaves the EU. [SAGE Premier]
  • Harvey, Darren. What role for the European Parliament under article 50 TEU? // European Law Review (2017) Vol. 42, no. 4, p. 585-602.
    Following the UK’s vote to leave the EU in a national referendum there has been much debate over the correct legal process to be followed under both domestic law and the EU Treaties to give effect to this decision. This article seeks to contribute to these discussions by focusing on an aspect of the withdrawal process which, in the author’s view, has not been given full consideration to date; namely, the need for the consent of the European Parliament before any withdrawal agreement may be completed. [Thomson Reuters Westlaw]
  • Heppell, Timothy; Crines, Andrew; Jeffery, David. The United Kingdom Referendum on European Union Membership: The Voting of Conservative Parliamentarians // Journal of Common Market Studies (2017) Vol. 55 no. 4, p762-778. 
    This article considers the attitudes of members of the parliamentary Conservative Party (PCP) during the European Union (EU) membership referendum held in the United Kingdom (UK) on 23 June 2016. First, the article identifies the voting positions – remain or leave – of each Conservative parliamentarian in order to assess the strength of opinion within the PCP and place it within its historical context. Second, the article uses multivariate analysis to test a series of hypotheses about the voting of Conservative parliamentarians. [Business Source Complete (EBSCO), viimane aasta ei ole kättesaadav]
  • Hopkin, Jonathan. When Polanyi met Farage: Market fundamentalism, economic nationalism, and Britain’s exit from the European Union // The British Journal of Politics and International Relations (2017) Vol. 19, no 3, p. 465–478.
    The vote for Brexit is not an isolated event, but part of a wave of populist, anti-elite revolts: a new ‘anti-system’ politics Western democracies are experiencing, shaking the existing consensus around economic integration, free markets and liberal values. This wave takes a variety of forms, but has in common a robust, even violent, rejection of the mainstream political elites and their values, and a demand for governments to act on the sources of social and economic distress and inequality. This article views Brexit as a part of this new anti-system politics, a reaction to the decline in ideological competition in democracies and the increasing impotence of politicians to address the upheavals wrought by global free market capitalism. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • How Brexit was made in England // The British Journal of Politics and International Relations (2017) Vol. 19, no. 4, p. 631–646.
    The Leave majority recorded in England was decisive in determining the UK-wide referendum result. Brexit was made in England. We take this as a prompt to challenge the conventional Anglo-British mindset that animates most studies of ‘British politics’ and has shaped public attitudes research on the United Kingdom. We explore the persistence of distinctive Eurosceptic views in England and their relationship to English national identity prior to the referendum. We then model referendum vote choice using data from the Future of England Survey. Our analysis shows that immigration concerns played a major role in the Brexit referendum, alongside a general willingness to take risks, right-wing views, older age, and English national identity. Therefore, Brexit was not just made in England, but Englishness was also a significant driver of the choice for Leave. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Howarth, David; Quaglia, Lucia. Brexit and the Single European Financial Market // The JCMS annual review of the European Union in 2016 (2017) Vol. 55, p. 149-164.
    The outcome of the Brotish referendum on continuing membership of the European Union represents a turning point in the relationship between the United Kingdom and the EU. The economic and political effects of Brexit will be far reaching for both the UK and the EU. Although the events are still unfolding, Brexit raises a set of important questions with reference to the Single Market, especially in financial services.
  • Hunt, Jo; Minto, Rachel. Between intergovernmental relations and paradiplomacy: Wales and the Brexit of the regions // The British Journal of Politics and International Relations (2017) Vol. 19, no. 4, p. 647–662.
    The United Kingdom’s withdrawal from the European Union (EU) is an assertion of UK nation-state sovereignty. Notwithstanding this state-centrism, Wales, Scotland and Northern Ireland have distinct interests to protect as part of the Brexit negotiations. This article explores how the interests of one regional case, Wales, were accommodated in the pre-negotiation phase, at a domestic level—through intergovernmental structures—and an EU level through paradiplomacy. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Lavery, Scott. ‘Defend and extend’: British business strategy, EU employment policy and the emerging politics of Brexit // The British Journal of Politics and International Relations (2017) Vol. 19, no. 4, p. 696–714.
    As the British government embarks upon the process of exiting the European Union (EU), it will have to navigate the preferences of powerful business interest groups. However, the British politics and political economy literatures have tended to neglect the question of business agency in general and its relation to EU integration in particular. This article analyses British business strategy in relation to EU employment policy between 2010 and 2016. Through a document analysis of business responses to the Balance of Competences Review on EU Employment Policy and Confederation of British Industry (CBI) policy documents, the article argues that British business has attempted to ‘defend and extend’ a liberalising agenda within the EU in the recent past. Brexit fundamentally undermines this strategic orientation. The article accordingly outlines some of the key strategic dilemmas which the ‘Leave’ vote generates for British capital within the emerging politics of Brexit. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Lindsay, Alistair; Berridge, Alison. Brexit, merge control and potential reforms // European Competition Law Review (2017) Vol. 38, no. 10, p. 435-436.
    In this article on the implications of Brexit for merger control, we ask whether a new relationship with Europe might prompt amendment to merger control rules in the UK. [Thomson Reuters Westlaw]
  • Lord, Christopher. The legitimacy of exits from the European Union // Journal of European Integration (2017) Vol. 39, no. 5, p. 499-513.
    Justifications for extending the Union’s boundaries to include new Member States have been much discussed. Only since the Brexit referendum have justifications for shrinking the Union’s boundaries through withdrawals of Member States received the same attention. This paper uses concepts of historical responsibility to ask whether decisions Member States take together constrain the manner in which any one of them can justifiably exit the Union? It argues that much depends on how far Members States make laws together that are important to the lives of their citizens; that pre-empt their subsequent choices; and which affect their ability to manage collective action problems. [Tylor & Francis Journals Complete]
  • Majone, Giandomenico. The European Union Post-Brexit: Static or dynamic adaption? // European Law Journal (2017) Vol. 23, no. 1-2, p. 9-27.
    The choice facing the leaders of the European Union, after Brexit, is between a static adaptation, leaving the current approach to integration essentially unchanged, and a dynamic adaptation, which recognises the need for radical changes. Dynamic adaptation requires institutional leadership-something apparently incompatible with the basic principle of the equality of all the Member States. The clearest indication of a deficit of leadership is the failure to define the real purpose of the collective activity. This failure is at the root of Brexit, as may be seen from the explicit rejection of the indefinite goal of ‘ever closer union’ by the British prime minister in November 2015.  [EBSCO (Academic Search Complete), viimane aasta ei ole kättesaadav] 
  • Matthijs, Matthias. Europe after Brexit: A less perfict Union // Foreign Affairs (2017) Vol. 96, no. 1, p. 85-95.
    The author offers insights on potential political and economic implications of the June 2016 decision of Great Britain to exit the European Union (EU). Topics discussed include the military and financial losses that will be incurred by the EU from this withdrawal, the challenges which may be faced by Great Britain in future trade and investment negotiations, and brief historical background of the economic crisis in the EU region. [Business Source Complete (EBSCO)]
  • McHarg, Aileen; Mitchell, James. Brexit and Scotland // The British Journal of Politics and International Relations (2017) Vol. 19, no 3, p. 512–526.
    In the 2016 Brexit referendum, Scotland voted decisively to Remain in the EU, while a UK-wide majority voted to Leave. This article discusses responses to the constitutional significance of a territorially divided result, both prior to and following the referendum, including in litigation over the ‘constitutional requirements’ necessary to trigger the United Kingdom’s withdrawal from the EU under Article 50 TEU (R (Miller) v Secretary of State for Exiting the European Union). [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Meagher, Kevin. Could Brexit Break up the UK? // Political Insight (2017) Vol. 8, no. 1, p. 16-19. [SAGE Premier]
  • Meer, Nasar. What will Happen to Race Equality Policy on the Brexit Archipelago? Multi-Level Governance, ‘Sunk Costs’ and the ‘Mischief of Faction’ // Journal of Social Policy (2017) Vol. 46, no. 4, p. 657-674.
    This article considers how one of the ‘archipelago of contradictions’ raised by Brexit is the prospect of unconventional policy change, in so far as it includes – amongst other options – ‘returning’ to prior conventions that were scaled up from the UK to the EU, and then returned to the UK through EU directives. To explore this, the paper divides UK equality legislation into three types: (a) that which was created in the UK (b) that which flows from membership of the European Union and (c) that which reflects an outgrowth of the two. [ProQuest Research Library]
  • Menon, Anand. Why the British chose Brexit: Behind the scienes of the referendum // Foreign Affairs (2017) Vol. 96, no. 6, p.122-126. [Business Source Complete (EBSCO)]
  • Moloney, Niamh. Brexit and EU financial governance: business as usual or institutional change? // European Law Review (2017) Vol. 42, no. 1, p. 112-128.
    This article considers the implications of Brexit for EU financial governance. It first examines the implications for regulation. Drawing on the political economy of EU financial regulation and considering the UK’s generally facilitative and liberal approach, it predicts that a more interventionist period might follow Brexit. Major change in EU regulatory style is unlikely, however, not least given the influence of international financial governance on the EU. The article also considers the likely consequences for institutional governance and for the current uneasy arrangement, based on distinct euro area (Banking Union) and single market structures. [Thomson Reuters Westlaw]
  • Ndolo, David Mwoni; Dr. Liu, Margaret. Is this the end? The effect of Brexit on the arbitation of EU competition laws in the UK // European Competition Law Review (2017) Vol. 38, no 7, p. 322-330. [Thomson Reuters Westlaw]
  • Neuwahl, Nanette. CETA as a potential model for (post-Brexit) UK-EU relations // European Foreign Affairs Review (2017) Vol. 22, no. 3, p. 279-301.[Ainult paberkandjal]
  • Nicolaides, Phedon. ’The day after’: exit-induced legal lacuna // Maastricht Journal of European and Comparative Law (2017) Vol. 24, no. 2, lk. 158-174.
    The purpose of the two-year rule in Article 50 TEU is to prevent the remaining Member States from delaying the exit of the withdrawing Member State through stalling tactics. This article argues that the two-year period is a double-edge sword. [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]
  • Ostendorf, Patrick. The Withdrawal Cannot Be Withdrawn: The Irrevocability of a Withdrawal Notification under Article 50(2) TEU // European Law Review (2017) Vol. 42, no. 5, p. 767-776.
    Though the view is widely shared that a Member State can unilaterally revoke its notification of withdrawal from the EU under art.50(2) TEU, both an analysis of this provision in accordance with classical methods of interpretation, as well as a comparative legal analysis in the light of public international law and domestic private contract laws, seem to indicate otherwise. Contrary to widespread allegations, the denial of a (unilateral) right of revocation will also not produce untenable or absurd results; rather, a sound balancing of the interests of the affected parties presupposes that a withdrawal notification can only be revoked if all Member States give their consent to this course of action. [Thomson Reuters Westlaw]
  • Parker, Owen. Critical political economy, free movement and Brexit: Beyond the progressive’s dilemma // The British Journal of Politics and International Relations (2017) Vol. 19, No 3, p. 479–496.
    The progressive’s dilemma suggests that a trade-off exists between, on the one hand, labour and welfare rights underpinned by solidarity and shared identity and, on the other hand, open immigration regimes. With reference to debates on EU free movement in the United Kingdom, it is argued (1) that a progressive European critical political economy literature of the Left has a tendency to accept this dilemma and resolve it in favour of the former; (2) that it does so because it erroneously conflates the free movement of people with the (increasingly neoliberal) free movement of goods, capital and services; and (3) that it could and should treat human mobility as qualitatively different and, consequently, need not accept the terms of the progressive’s dilemma. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Pilich, Mateusz. Brexit and EU private international law: May the UK stay in? // Maastricht Journal of European and Comparative Law (2017) Vol. 24, no. 3, p. 382–398.
    Procedure of the British withdrawal from the European Union, officially launched on the 29th of March this year, opens not only questions of the general public-law governance but, first and foremost, gives rise to concern about its overall impact on the cross-border private-law transactions involving the UK and the rest-EU Member States. The article is focused on the regulatory risk within the framework of the Judicial Cooperation in Civil Matters (JCCM), encompassing the EU common private international law (PIL) provisions. [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]
  • Raitio, Juha; Raulus, Helena. The UK EU referendum and the move towards Brexit // Maastricht Journal of European and Comparative Law (2017) Vol. 24, no. 1, p. 25–42.
    After the referendum in June 2016, both the EU and the UK were plunged into political turmoil. The withdrawal procedure must be triggered by the UK government, in accordance with the UK’s constitutional requirements. The judiciary has consequently faced questions whether the government could use the royal prerogative and the status of the devolved legislatures in the context of triggering Brexit. [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]
  • Rees, Wyn. America, Brexit and the security of Europe // The British Journal of Politics and International Relations (2017) Vol. 19, No 3, p. 558–572.
    The Obama administration played a surprisingly interventionist role in the UK referendum on membership of the European Union (EU), arguing that a vote to leave would damage European security. Yet this article contends that US attitudes towards the EU as a security actor, and the part played within it by the United Kingdom, have been much more complex than the United States has sought to portray.  [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Sari, Aurel. Reversing a withdrawal notification under article 50 TEU: can a Member State change its mind? // European Law Review (2017) Vol. 42, No. 4, p. 451-473.
    The purpose of this article is to determine whether a Member State of the EU may revoke its notice to withdraw from the Union under art.50 TEU. The answer to this question has significant practical implications for Brexit, both domestically and across Europe. The present article suggests that interpreting art.50 TEU with reference to art.31 and art.32 of the Vienna Convention on the Law of Treaties permits a more systematic analysis of the subject than what has been offered so far by commentators and the English courts. Based on this analytical framework, the article confirms that a notice to withdraw issued under art.50 TEU is in fact reversible, contrary to the position taken by the English courts in Miller. [Thomson Reuters Westlaw]
  • Schippers L. Martijn. Brexit: Consequences for trade, VAT and customs: Forum discussion on the EFS seminar held at the Erasmus University Rottesrdam on 2 February 2017 // EC Tax Review (2017) Vol 26, no. 4, p. 220-225. [Paberväljaanne]
  • Shaw, Jo. The quintessentially democratic act? Democracy, political community and citizenship in and after the UK’s EU referendum of June 2016 // Journal of European Integration (2017) Vol. 39, no. 5, p. 559-574.
    On 23 June 2016, the United Kingdom voted to leave the European Union, by a rather small majority. Although much about the future relations between the EU and the UK remains uncertain, it is already possible to explore in more detail the issues of democracy, political community and citizenship which were thrown up by this referendum result. The article explores the reconstruction of the vote as the ‘will of the people’, in the light of the principle of demoi-cracy which suggests a more nuanced approach to the issue of democratic consent in complex multi-level polities such as the UK and the EU. Specific questions are raised about the narrowness of the referendum franchise, and about the consequences that flow from the territorially differentiated result of the referendum, with Scotland in particular voting strongly ‘to remain’. [Tylor & Francis Journals Complete]
  • Skyten, Emmi. Viisi mallia Britanniale / Ulkopolitiikka: UP (2017) vsk. 54, no 2, lk. 56-59.
    Britannian ja EU:n tuleva sopimus saattaa ottaa mallia jostakin union monista kauppapoliittisista suhteista.
  • Steenbergen, Marco R. ; Siczek, Tomasz. Better the devil you know? Risk-taking, globalization and populism in Great Britain // European Union Politics (2017) Vol. 18, no. 1, p.119-136.
    Right-wing populist parties in European democracies appeal to citizens’ feelings of uncertainty related to globalization by promoting tough immigration laws and curbing the power of the European Union. This article adds to our understanding of how individuals’ risk propensity relates to support for right-wing populist parties and their ideas in the context of globalization. In particular, by drawing on survey data from the United Kingdom we investigate how this personality trait relates to support for the United Kingdom Independence Party and the vote for a British exit from the European Union. [SAGE Journals Onlines]
  • Thompson, Helen. Inevitability and contingency: The political economy of Brexit // The British Journal of Politics and International Relations (2017) Vol. 19, no 3, p. 434–449.
    Placing Britain’s vote on 23 June 2016 to leave the European Union (EU) in historical time raises an immediate analytical problem. What was clearly the result of a number of contingencies, starting with the 2015 general election where we can see how events could readily have turned out otherwise, the result might also represent the inevitable end of Britain’s membership of the EU seen from the distant future. This article seeks to take both temporal perspectives seriously. [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Verschueren, Herwig. Scenarios for Brexit and social security // Maastricht Journal of European and Comparative Law (2017) Vol. 24, no. 3, lk. 367-381.
    This article examines the questions raised by the United Kingdom’s withdrawal from the European Union (EU) about the consequences for the social security rights of persons who find themselves in a cross-border situation between the UK and the EU27.  [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]
  • Wincott, Daniel. Brexit dilemmas: New opportunities and tough choices in unsettled times // The British Journal of Politics and International Relations (2017) Vol. 19, no. 4. p.
    This article seeks to set the unsettled times and unexpected events associated with the Brexit in historic context and tease out the prospects for a ‘bespoke’ UK exit agreement. Drawing on classics of social science history—by Barrington Moore, Gourevitch and Davis—it reflects on ‘suppressed historic choices’ and historical periodisations. Three key dilemmas are interrogated: the Brexit dilemma (control of immigration/regaining of sovereignty vs European Union (EU) market access), the Brexiteers’ dilemma (sustaining economic prosperity while restricting immigration) and the Remainers/soft Brexit dilemma (of weakening Parliamentary democracy by staying in the Single Market). [SAGE Journals Onlines, Academic Search Complete (EBSCO)]
  • Young, Alison L. R. (Miller) v Secretary of State for Exiting the European Union: thriller or vanilla? // European Law Review (2017), Vol. 42, no. 2, p. 280-295.
    This article comments on the recent UK Supreme Court decision on the legality of triggering art.50. It sets out the background to the decision and explains and evaluates the differences between the majority and the minority. It argues that the decision, in one sense, did not live up to the expectations generated by its publicity. It drew on longstanding principles of UK constitutional law and its outcome appears unlikely to delay or condition the exercise of art.50. Nevertheless, the majority focused on the constitutional impact of joining the EU and reinforced both that it is for UK law to determine the relationship between UK law and EU law, and that constitutional principles of the UK may limit the transfer of sovereignty from the UK to the EU. These elements may have more long-term consequences for EU law. [Thomson Reuters Westlaw]

2016

  • Article 50 ways to leave your lover; The negotiations // The Economist (2016) July 2nd, Vol. 420(8996), p. 22-23.
    There is no deal on offer that will satisfy both Brexiteers and voters. [Täistekst konsultandi vahendusel või paberi]
  • Babayev, Rufat. Re-shaping the paradigm of social solidarity in the EU: On the UK´s welfare reforms and pre- and post-EU referendum developments // European Journal of Social Security (2016) Vol, 18, no, 4, p. 356–379.
    The sense of social solidarity formed at Union level is manifested, broadly speaking, in the very interchangeability of national solidaristic communities in the Union that allows Union citizens to be affiliated with the one of their residence. Initially widely defined in light of Union citizenship, the prospect of such interchangeability has been
    narrowed down in a trilogy of the Court’s recent rulings. /…/ The welfare reforms introduced in the UK in the period leading up to the EU referendum vote, for instance, have re-shaped the extent of Union workers’ and job-seekers’ rights by re-balancing them around the factor of economic contribution and specifically targeting those who are not deemed to actually contribute in the UK. As a result, fixing the threshold of membership in a national solidaristic community in this manner, both at Union and national levels, has created much uncertainty about the fate of Union citizenship and Union citizens’ rights derived from the Treaty. [SAGE Journals]
  • Barker, Alex; Parker, George. UK faces Brexit divorce bill of up to €20bn // Financial Times (2016) 12 October.
    Britain is facing a divorce bill from the EU for as much as €20bn, according to a Financial Times analysis that shows the bloc’s shared budget is emerging as one of the biggest political obstacles to a Brexit deal.
  • Barnard, Catherine. The practicalities of leaving the EU // European Law Review (2016) Vol. 41, no. 4, p. 484-486.
    So, the voters have decided: Brexit it is. That was the easy bit. It’s now up to the politicians to deliver on art.50 TEU and the civil service to make Brexit a reality. This short contribution will look at what VoteLeave (the official campaign to leave the EU) has said about the process of leaving the EU and how this might match up to reality. While the precise details on how art.50 TEU is to be delivered in the UK domestic context are still being vigorously discussed,1 I want to focus on the position beyond the art.50 notification. I want to argue that given the reduced size of the civil service and the lack of key capacity, the whole process of definitively leaving the EU may take decades. [Thomson Reuters Westlaw]
  • The battle for Downing Street. The Conservative leadership; Britain // The Economist (2016) July 2nd, Vol. 420(8996), p. 24.
    Theresa May now seems the most likely person to lead the Tories, and the country, but she will have to fend off a pro-Brexit rival. [Täistekst konsultandi vahendusel või paberi]
  • The Battle of Evermore. The referendum campaign; Briefing Brexit // The Economist (2016) June 18th, Vol. 419(8994), p. 21-23.
    It has been a bad-tempered and unenlightening campaign, during which few have changed their minds. But Vote Leave now has an edge. [Täistekst konsultandi vahendusel või paberi]
  • Bickenbach, Christian. Die Europäische Union beweglicher denken // Die Öffentliche Verwaltung (2016) Nr. 18 lk. 741-750.

    Die Europäische Union ist eine Rechtsgemeinschaft. Ihre Krisen sind Rechtskrisen, die sich darin ausdrücken, dass Rechtsnormen keine Steuerungswirkung entfalten, weil sie aus politischer Opportunität oder mangelnder Akzeptanz nicht beachtet werden. Die abnehmende normative Kraft ist die verfassungstheoretisch erklärbare Folge einer zu starren mitgliedschaftlichen Struktur, die die Problemlösungsfähigkeit der Europäischen Union einschränkt. Als Reaktion bietet sich an, die Europäische Union primärrechtlich beweglicher zu denken – auch und gerade nach dem Referendum in Großbritannien. Mitgliedstaaten müssen Politiken verlassen können, ohne gleich die Union verlassen zu müssen, müssen aber auch verstärkt zusammenarbeiten dürfen, ohne dass andere Mitgliedstaaten sie daran hindern können. [Paberväljaanne]

  • Borelli, Silvia Sciorilli. Brexit triggers a rice to dethrone London // Politico (2016) Vol. 2, no. 33, September 15-21, p. 13,16.
  • Boyron, Sophie. ‘The Judiciary’s Self-Determination, the Common Law and Constitutional Change’ // European Public Law  (2016) Vol. 22, no. 1, p. 149–168.
    The Brexit debate is often analysed from the perspective of politicians, and in particular their views on and understandings of European law and politics. In contrast, this article concentrates on identifying the views of the senior judiciary. To do so, it analyses five extra-judicial speeches made between October 2013 to February 2014, a period particularly fertile in cases in the UK’s top courts concerning the law of the European Union or the European Convention of Human Rights. In doing so the article charts the senior judiciary’s vision of Europe. More particularly, it highlights the judiciary’s strategies to limit the impact of both European treaties on the British constitution in what might be termed ‘a search for judicial self-determination’. In addition, the article argues that a new extra-judicial process of constitutional change might be emerging. Finally, it concludes on the advantages and drawbacks of such a process of change.[Paberväljaanne]
  • The Brexit delusion; Britain and the EU // The Economist (2016) Feb 27th, Vol. 418(8978).
    The referendum on Britain’s membership of the European Union that David Cameron has called for June 23rd will be not only the most crucial event in this parliament but the most important in Europe in years. It will determine the prime minister’s future, for a start: it is hard to see him staying in office if he fails to win his campaign to remain in the EU. It may be decisive for the future of the United Kingdom, as Scottish Nationalists have said a Brexit would trigger another vote on Scottish independence. And the departure of one of the heavyweight members would have a huge impact on the future of the EU. [ProQuest Research Library]
  • Brexitland versus Londonia. Bagehot; Britain // The Economist (2016) July 2nd, Vol. 420(8996), p. 34.
    Britain increasingly looks like two countries, divided over globalisation. [Täistekst konsultandi vahendusel või paberi]
  • Building the Brexit team. The civil service; Britain // The Economist (2016) July 16th, Vol. 419(8998), p. 26-27.
    A bureaucratic marathon lies ahead. Does Britain have enough pen-pushers? [Täistekst konsultandi vahendusel või paberi]
  • Burke, Ciarán; Ísberg Hannesson, Ólafur; Bangsund, Kristin. Life on the Edge: EFTA and the EEA as a Future for the UK in Europe // European Public Law (2016) Vol. 22, no. 1, p. 69-96.
    The present article discusses the options open to the UK in the event that the proposed referendum on EU membership results in an ‘out’ vote. The case is presented that the preservation of established markets represents a desideratum, both for the UK, and for its EU partners, and that such a goal could be achieved – while removing the UK from many less popular areas of EU competence – by the UK immediately joining EFTA and the European Economic Area (EEA) upon its exit from the EU. [Paberväljaanne]
  • Butler, Graham;  Jensen, Mads Dagnis; Snaith, Holly.Slow change may pull us apart’: debating a British exit from the European Union // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1278-1284.
    With a referendum set to take place on 23 June 2016 in a large and important European Union (EU) member state on whether it should remain within the Union or leave altogether, this year will prove crucial for all Europeanists. Brexit is a real possibility that both the Union and other member states must be prepared to plan for and eventually absorb the potential impact of. Whilst the process of ‘ will they, won’t they’ will continue until the referendum, and even beyond, this level of uncertainty creates challenges for the existing actors with a stake in the process. This introductory contribution will set the scene for the ensuing debate, which flows from the various perspectives that each of the authors have with regard to the ultimate question of a Brexit. The three editors introduce the legal, political and economic themes that run through the articles, whilst simultaneously attempting to map out the trajectory for if, when and how a Brexit may actually occur, given the differing perspectives in the debate. [Taylor & Francis Journals Complete]
  • Cardwell, Paul James. The ‘hokey cokey’ approach to EU membership: legal options for the UK and EU // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1285-1293.
    This contribution analyses the potential legal outcomes in meeting the United Kingdom’s (UK’s) demands in advance of the referendum and what they might mean for EU integration should the UK vote to remain in the Union. It argues that there is unlikely to be a ‘quick fix’ to meet the full range of demands, since there is no obvious legal mechanism which can satisfy the demands in either substance or the proposed time-frame. [Taylor & Francis Journals Complete]
  • Chopin, Theierry; Lequesne, Christian. Differentiation as a double-edged sword: member states’ practices and Brexit // International Affairs (2016) Vol. 92 (3). p. 531–545.
    The reform of the eurozone and the concerns surrounding a potential ‘Brexit’ has given rise to a new debate about differentiation but also disintegration in the European Union. This article provides a theoretical and analytical approach to understanding how differentiation is related to the debate on distribution of competences across various levels government. It finds that differentiation has played an important role in the EU integration process since the 1950s, even though the risk of fragmentation has always existed.
  • Craig, Paul. Brexit: a drama in six acts // European Law Review (2016) Vol. 41, no. 4, p. 447-468.
    The referendum concerning the UK’s membership of the EU took place on 23 June 2016, resulting in a majority voting to leave the EU. This article traces developments in this area in six stages. It begins with an explanation of why the Prime Minister promised a referendum in 2013; this is followed by the significance of the balance of competence review conducted by the coalition government; the focus then shifts to the PM’s renegotiation with the EU after his electoral success in 2015; there is then discussion of the issues that shaped the referendum debate; the final two parts address respectively the political and legal fall-out from the referendum. [Thomson Reuters Westlaw]
  • Curtice, John. Brexit: Behind the referendum // Political Insight (20016) Vol. 7, No. 2 (September), p. 4-7.
    Despite four decades of membership, the UK never fully took the European Union to its heart. June´s Brexit vote revealed a social division that reflected very different views about the costs and benefits of the EU. [SAGE jornals]
  • Dashwood, Alan. After the deluge // European Law Review (2016) Vol. 41, no. 4, p. 469-470.
    The people of the UK have voted by a small majority in favour of withdrawal from the EU. Had the figures been reversed, Brexiteers would be arguing that the result was inconclusive and demanding a re-run of the referendum in the near future. Sadly, it is much easier to dismember a union than to rebuild one. There remains an outside chance that a twist of the political kaleidoscope may provide an opportunity for a change of mind, formalised through a second referendum or a general election, once the implications of leaving the Union have sunk in. [Thomson Reuters Westlaw]
  • Davies, Gareth. Brexit and the free movement of workers: a plea for national legal assertiveness // European Law Review (2016) Vol. 41, no. 6, p. 925-937.
    National judges and Member State governments have an obligation to be assertive about national interests threatened by EU policies, even to the extent of challenging existing doctrines of law, proposing new interpretations, and insisting on the proper division of judicial functions, for they have particular knowledge and understanding of the consequences of EU law. An unquestioning obedience to the Court of Justice and to established doctrine is not loyalty, but subversion of an essential legal dialogue, and a failure to play an active and constructive role in building a legal system which serves the goals and wellbeing of Europeans. The Brexit debate is a case study in this: despite claiming publicly that mass migration was threatening essential and legitimate public interests, the UK did not attempt to use the available doctrines or derogations to defend these, behaving as if legal orthodoxy was fixed in stone, and the only options were leave or accept. It would have been more loyal, more European, more helpful to Europe, to impose unilateral restrictions and defend them vigorously with evidence and good arguments. [Thomson Reuters Westlaw]
  • Dickinson, Andrew. Back to the future: the UK’s EU exit and the conflict of laws // Journal of Private International Law (2016) no. 2, p. 195-210.

    On 24 June 2016, after months of public debate, it was confirmed that the people of the United Kingdom (UK) had voted by a narrow majority (51.9% to 48.1%) to leave the European Union (EU). The decision to leave seems likely to have a significant impact on the UK’s civil justice system and, in particular, on the rules of private international law applied to dispute resolution in a cross-border context. It is, however, a highly speculative exercise to predict the future shape of private international law in the UK in these circumstances. Putting speculation to one side, this article seeks to analyse legal events of the past to assess the position that the UK now finds itself in when approaching withdrawal negotiations. In particular, the following discussion seeks to identify the legal baseline of applicable private international law rules under international, EU and national law following withdrawal, with a particular emphasis on the domain currently occupied by the instruments applicable to civil and commercial matters (Brussels I, Lugano, Rome I, Rome II). [Academic Search Complete EBSCO]

  • Divided we fall: A vote to leave the European Union would diminish both Britain and Europe // The Economist (2016) June 18th, Vol .419(8994), p. 11-12.
  • Dreaming of sovereignty; Brexit brief // The Economist (2016) Mar 19, Vol. 418(8981), p. 23.
    The argument that Britain has lost sovereignty, and even its democracy, by being in the European Union is at the heart of the case for Brexit. Boris Johnson, the mayor of London, says that EU membership is incompatible with parliamentary sovereignty. Many of their fellow Brexiteers claim that, even if leaving has a price, it is worth paying to regain control. Despite fighting to stay in, David Cameron shares some of these concerns. Many talk of being sovereign as if it were like being pregnant: one either is or is not. The truth is more complex. A country can be wholly sovereign yet have little influence. Britain has signed some 700 international treaties that impinge on sovereignty. [ProQuest Research Library]
  • Douglas-Scott, Sionaidh. Brexit, article 50 and the contested British Constitution // The Modern Law Review (2016) no. 6, p. 1019-1040.

    This article discusses the early stages of the Art 50 TEU process, and those aspects that relate most clearly to British constitutional law. Its overarching theme is that the Brexit process is rendered highly problematic by the lack of any coherent conception of the British Constitution. Different parties settle on interpretations of constitutional law that support their case, but often there is no determinative answer. Three broad issues are examined in order to substantiate this claim: the EU Referendum, the triggering of Article 50, and the Devolution aspect of Brexit. I argue that each of these issues reveals tensions and competing constitutional interpretations that suggest that the British Constitution is ill-equipped to deal with Brexit. [Wiley Online Library]

  • The economic consequences; Brexit Brief // The Economist (2016) Apr 9th, Vol. 418(8981).
    The impact of leaving the European Union on Britain’s economy may be the most heated issue of all as the referendum on June 23rd approaches. [ProQuest Research Library]
  • Edward, David; Shuibhne, Niamh Nic. “While Europe’s eye is fix’d on mighty things”: implications of the Brexit vote for Scotland // European Law Review (2016) Vol. 41, no. 4, p. 481-483.
    On 23 June 2016, 51.9 per cent of the UK electorate voted to leave the EU. One of the clearest indices of division within that electorate concerns the split between England and Wales, on the one hand (53.4 and 52.5 per cent respectively to leave), and Northern Ireland and Scotland (55.8 and 62 per cent respectively to remain), on the other. It is undeniable that this dimension of the outcome has intensified the sense that the UK faces an internal as well as external constitutional crisis. [Thomson Reuters Westlaw]
  • Engerer, Hella. Vor dem Brexitus: Folgen des britischen EU-Referendums für Ostmitteleuropa // Osteuropa (2016) Vol. 66, no 11/12, p.119-133.
  • Fact and fiction. The economy since the Brexit referendum; Britain // The Economist (2016), September 3rd, Vol. 420(9005), p. 27-28.
    The dire prophecies of doom have not come true—yet. But the economy is slowing. After Britain voted to leave the European Union on June 23rd, financial markets took fright. Sterling lost one-tenth of its value in two days of trading. The FTSE 250, an index of domestically focused firms, fell by 14%.
  • Fragmentation nation; The United Kingdom // Economist (2016) July 2nd, Vol. 420(8996), p. 32.
    The vote to leave the EU spells trouble for Scotland and Northern Ireland. Few of the English people who voted to leave the European Union on June 23rd considered that in doing so they might trigger the break-up of another union: their own.
  • Ford, Michael. The impact of Brexit on UK labour law // The International Journal of Comparative Labour Law and Industrial Relations (2016) no. 4, p. 473-495.
    The recent vote by the UK electorate to leave the European Union (EU), known as Brexit, has potentially enormous implications for employment rights in the UK, most of which are now underpinned by EU law. At present the vote has no legal effect but if Brexit happens all these rights are legally vulnerable. The article examines how workers’ rights informed the debates surrounding Brexit, the history of the UK’s attitude to EU employment rights, and how the employment rights and remedies guaranteed by EU law currently affect UK labour law and policy. It analyses the legal mechanism likely to be adopted by the UK to change EU-guaranteed employment rights post-Brexit, and highlights some of the factors likely to contribute to the future form of UK labour law, including UK government policy, the effect of employment tribunal fees, the trading relationship between the EU and the UK, and the position of the devolved administrations in Scotland, Wales and Northern Ireland. [Paberväljaanne]
  • Frenz, Walter. EU-Zuständigkeiten nach dem Brexit // Die Öffentliche Verwaltung (2016) Nr. 24, S. 1021-1031.
    Nach dem Brexit bzw. genauer der britischen Volksabstimmung über den Austritt aus der EU vom 23. Juni 2016, die erst durch eine Austrittserklärung nach Art. 50 EUV umgesetzt werden muss, wurde sogleich diskutiert, ob die EU nicht Zuständigkeiten abgeben soll. Andere befürworteten erst recht eine intensivere Integration auch mit weiteren EU-Zuständigkeiten sowie einer institutionellen Reform (so EU-Parlamentspräsident Martin Schulz). Das gibt Anlass, die Frage der Zuständigkeiten der EU etwas näher zu betrachten – sowohl im Hinblick auf das System als auch in der Ausprägung. Dabei fließt auch das zwei Tage vor dem Brexit verkündete OMT-Urteil des Bundesverfassungsgerichts ein. [Paberväljaanne]
  • Gee, Graham; Rubini, Luca; Trybus, Martin. Leaving the EU? The Legal Impact of ‘Brexit’ on the United Kingdom // European Public Law (2016) Vol.22, no. 1, p. 51-56. [Paberväljaanne]
  • Gee, Graham; Young, Alison L. Regaining Sovereignty? Brexit, the UK Parliament and the Common Law // European Public Law (2016) Vol. 22, no. 1, p. 131–147.
    In this paper, we compare how the term ‘sovereignty’ was used by MPs in parliamentary debates on the European Communities Bill in 1971–1972 and the European Union Bill in 2011. In both cases, the language of sovereignty was often a placeholder for deeper concerns about the erosion of the political power exercisable by domestic political institutions. Comparing parliamentary debates separated by almost forty years reveals a shift from concerns primarily about the erosion of sovereignty by the law-making powers of European political institutions towards concerns about its erosion by the courts, and the domestic courts at that. We reflect on these concerns to evaluate whether a possible UK withdrawal from the EU would lead to a ‘regaining’ of sovereignty. [Paberväljaanne]
  • Gonzalez, Guayasen Marrero. „Brexit”: consequences for citizenship of the Union and residence rights // Maastricht Journal of European and Comparative Law (2016) no. 5, p. 796-811.
    On 23 June 2016, the British people decided to leave the European Union (EU). Although the withdrawal process has not yet started, it is not surprising that some concerns have emerged in relation to the situation of British citizens residing outside the United Kingdom (but within the EU) who do not possess the nationality of another EU Member State, and citizens of the Union residing in the United Kingdom. From ‘the leave date’, British citizens will no longer possess the status of citizens of the Union, and will subsequently become third-country nationals for EU law purposes. Conversely, the United Kingdom will no longer be part of the EU territory and EU citizens can no longer exercise the rights and feedoms conferred to them within the EU. In this scenario, the right to reside in the EU for British citizens and in the United Kingdom for citizens of the Union could become legally uncertain. This contribution departs from the EU law perspective and takes a human rights approach to dealing with the issue of residence rights. It will be argued that esidence rights, in an EU context, can be retained by operation of the provisions of the ECHR. [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]
  • Goodlad, Graham. The fall of David Cameron // Political Insight (20016) Vol. 7, no. 2 (September), p. 16-19.
    David Cameron went from dramatic electoral victory to crushing referendum defeat in barely 12 mounth. Graham Goodlad analyses the factors which fatally undermined the Conservative leader´s premiership. [Wiley Online Library]
  • Gordon, Michael. Brexit: a challenge for the UK constitution, of the UK constitution? // European Constitutional Law Review (2016) Vol. 12, no. 3, p. 409-444.
    The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and architecture – Brexit as an unprecedented event and the centrality of politics – constitutional factors contributing to the outcome of the referendum – concerns about sovereignty and the (im)possibility of a national response – potential implications of the referendum for the UK and for the EU. [Academic Search Complete (EBSCO); ProQuest Research Library; Thomson Reuters Westlaw]
  • Graham, Gee; Rubini, Luca; Trybus, Martin. Leaving the EU? The legal impact of „Brexit“ on the United Kingdom // European Public Law (2016) Vol. 22, no. 1, p. 51-56. [Paberväljaanne]
  • Graham Gee ; Young, Alison L. ‘Regaining Sovereignty? Brexit, the UK Parliament and the Common Law’ // European Public Law  (2016) Vol. 22, No. 1, p. 131–147.

    In this paper, we compare how the term ‘sovereignty’ was used by MPs in parliamentary debates on the European Communities Bill in 1971–1972 and the European Union Bill in 2011. In both cases, the language of sovereignty was often a placeholder for deeper concerns about the erosion of the political power exercisable by domestic political institutions. Comparing parliamentary debates separated by almost forty years reveals a shift from concerns primarily about the erosion of sovereignty by the law-making powers of European political institutions towards concerns about its erosion by the courts, and the domestic courts at that. We reflect on these concerns to evaluate whether a possible UK withdrawal from the EU would lead to a ‘regaining’ of sovereignty. [Paberväljaanne]

  • Grant, Charles. Pillar of the West: Brexit would be bad not just for Britain but also for Europe and the rest of the world // New Statesman (2016), Feb 19, Vol. 145(5302), p.2 8(5) [Academic Search Complete (EBSCO), ProQuest Research Library]
  • Hannan, Daniel. What Brexit would look like for Britain // The Spectator (2016), Jan 23.
    So what’s your alternative?” demand Euro-enthusiasts. ‘D’you want Britain to be like Norway? Or like Switzerland? Making cuckoo clocks? Is that what you want? Is it? Eh?’ The alternative to remaining in a structurally unsafe building is, of course, walking out; but I accept that this won’t quite do as an answer. Although staying in the EU is a greater risk than leaving — the migration and euro crises are deepening, and Britain is being dragged into them — change-aversion is deep in our genome, and we vote accordingly. Europhiles know that most referendums go the way of the status quo, which is why their campaign is based around conjuring inchoate fears of change. [Thomson Reuters Westlaw, ProQuest Research Library]
  • Henning, Benjamin D.; Dorling, Danny. In Focus: The EU referendum // Political Insight (20016) Vol. 7, no. 2 (September), p. 20-21.
    Benjamin D. Henning and Danny Dorling plot the geographical and social distribution of Leave and Remain voters. [Wiley Online Library]
  • Hinarejos, Alicia. Brexit and the euro area // European Law Review (2016) Vol. 41, no. 4, p. 479-480.
    The UK has long had a fraught relationship with the European project, and Economic and Monetary Union (EMU) is one of the areas where the UK’s reluctance has been most visible. The UK chose not to join the last phase of EMU and adopt the euro when it was introduced; since then, it has found itself not just at the fringes of EMU, but often fighting political and judicial battles in connected areas of EU activity. The global financial crisis and the euro area crisis, which saw a push towards further integration among euro countries, served to strain the relationship further. [Thomson Reuters Westlaw]
  • Hobolt, Sara B. The Brexit vote: a divided nation, a divided continent // Journal of European Public Policy (2016) Vol 23, no. 9, p. 1259-1277.
    The outcome of the British referendum on European Union (EU) membership sent shockwaves through Europe. While Britain is an outlier when it comes to the strength of Euroscepticism, the anti-immigration and anti-establishment sentiments that produced the referendum outcome are gaining strength across Europe. Analysing campaign and survey data, this article shows that the divide between winners and losers of globalization was a key driver of the vote. [Taylor & Francis Journals Complete]
  • Hofmeister, Hannes ; Olmos Giupponi, Belén. „Britannia locuta, causa (non) finita” // Die Öffentliche Verwaltung (2016) Nr. 24, S. 1013-1021.
    Am 23. Juni 2016 votierten die Briten mehrheitlich für den Brexit, also den Austritt Großbritanniens aus der EU. Wie aber geht es nun weiter? Steht eine Rückkehr zur „splendid isolation“ vergangener Zeiten bevor? Prima facie sieht es danach aus, denn das Referendum fiel mit 52 % zu 48 % eindeutig aus. Aber bedeutet das positive Resultat des Referendums tatsächlich, dass ein Austritt unvermeidlich ist? Nicht unbedingt, wie der vorliegende Beitrag zeigen wird. [Paberväljaanne]
  • I owe EU. Cornwall and Europe // The Economist (2016) July 2nd, Vol 420(8996), p. 33.
    Why did the region that benefits most from EU membership vote against it?
  • In, out, find a fib to shout; Brexit brief // The Economist (2016) Vol. 418(8979), p.53.
    “What I want is facts – facts alone are wanted in life.” Thomas Gradgrind’s grim message in Charles Dickens’s “Hard Times” is echoed in the debate ahead of the referendum on June 23rd about whether Britain should leave the European Union. Voters confused by claims made by opposing sides and in the media are asking for plain facts on Britain’s EU membership so they can make up their minds. Sadly, hard facts are hard to find. [ProQuest Research Library]
  • In the map room with Theresa May. Bagehot; Britain // The Economist (2016) July 16th, Vol. 419(8998), p.23.
    The outlines of Britain’s post-Brexit place in the world begin to emerge.
  • Jensen, Mads Dagnis ; Snaith, Holly. When politics prevails: the political economy of a Brexit // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1302-1310.
    This article analyses Britain’s quest to negotiate its future membership of the European Union (EU) through the lens of Liberal intergovernmentalism. The article demonstrates that despite the significant economic consequences of a potential Brexit, party political factors have hitherto proven more significant in defining the terrain of the debate than lobby group influence where a cross section of United Kingdom (UK) lobby groups are either actively or passively in favour of remaining within the EU ahead of the referendum. [Taylor & Francis Journals Complete]
  • Kenny, Michael. The Genesis of English nationalism // Political Insight (20016) Vol. 7, no. 2 (September), p. 8-11.
    In the aftermath of Brexit, there has been an upsurge of interest in Enlglish nationalism. But wthat exactly is English nationalism, where does it come from, and what role, if any, did it play in the referendum outcome? [Wiley Online Library]
  • Kostakopoulou, Dora. Brexit, voice and loyalty: reflections on Article 50 TEU // European Law Review (2016) Vol. 41, no. 4, p. 487-489.
    Article 50 TEU, which was introduced by the Treaty of Lisbon, regulates for the first time the process of a Member State’s withdrawal from the EU. The incorporation of an “exit clause” in primary law confirms the “public character” of the Union1 and its democratic architecture which is not congruent with the idea of perpetual membership without options. The Member States have always had the freedom to negotiate transitional arrangements, derogations, opt-outs and enhanced co-operation arrangements internally in accordance with the Treaties, but they were also endowed in 2009 with the option of voluntary withdrawal from the Union. Accordingly, the Member States have the freedom to act in a “variety of situations”.2 The institutional edifice of the EU has accommodated intergovernmentalist interests, national anxieties and domestic concerns over the decades and, by so doing, it has acknowledged that no union is perfect, that is, entirely coherent or fully optimal.3 At the same time, it has displayed flexibility and institutional innovation; one cannot disregard the adoption of the novel institutional mechanisms of differentiated integration since the 1990s and the carefully crafted provisions on enhanced co-operation. [Thomson Reuters Westlaw]
  • Koutrakos, Panos. Negotiating international trade treaties after Brexit // European Law Review (2016) Vol. 41, no 4, p. 475-478.
    The outcome of the referendum of 23 June 2016 has focused attention on two formidable tasks, namely the divorce arrangement between the UK and the EU, and the agreement on the future relationship between the two parties. There is, however, a third layer of uncertainty and complexity that the UK would have to face as a non-Member State, that is, its trade relations with third countries. [Thomson Reuters Westlaw]
  • Kroll, Daniela Annette ; Leuffen, Dirk. Ties that bind, can also strangle: the Brexit threat and the hardships of reforming the EU // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1311-1320.
    This article links insights from research on European Union (EU) decision-making and on differentiated integration to the recent negotiations about the future United Kingdom (UK)–EU relationship. We argue that since a Brexit would overturn well-established statics of EU decision-making, EU member states reacted differently to the British demands. States that feared a weakening of their position after a Brexit were more willing to grant concessions to the UK. This largely applies to most northern member states. In contrast, most other member states appeared more reluctant to meet the British expectations. First, these states hoped to improve their standing inside the EU after a Brexit. Second, reflecting deeper structural tensions, the British demands would have entailed higher prices for these member states. Anticipating heterogeneity between the other member states, and thus the stability enhancing mechanisms of the joint decision trap, the UK downscaled its demands before the European Council of February 2016. In consequence, the negotiations on the terms of Britain’s EU membership did not result in a grand overhaul of the EU, but rather in symbolic concessions aimed at pleasing British domestic politics without severely harming other member states’ interests. [Taylor & Francis Journals Complete]
  • Łazowski, Adam. EU Withdrawal: Good Business for British Business? // European Public Law (2016) Vol. 22, no. 1, p. 115–129.
    In this article Adam Łazowski argues that withdrawal of the UK from the EU is not good business for British business. It analyses two available modalities of EU withdrawal: a unilateral exit and a consensual divorce. Arguably neither of the two will free the UK from EU law. For that to happen, the British authorities would have to engage in the time consuming and resource thirsty exercise of clearing the UK legal orders from EU law. This, combined with uncertainty as to future relations with the EU, is destined to affect the UK business community and unlikely to bring desired efficiencies. [Paberväljaanne]
  • Łazowski, Adam. Unilateral withdrawal from the EU: realistic scenario or a folly? // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1294-1301.
    This article looks at the legal parameters of a unilateral withdrawal and argues that it is in the interest of all concerned that a Brexit, if it materializes, is properly negotiated and governed by a withdrawal agreement addressing all pertinent legal issues. [Taylor & Francis Journals Complete]
  • Managing chaos; The economic fallout // The Economist (2016) July 2nd, Vol. 420(8996), p. 23-24.
    How Brexit will affect growth in Britain, Europe and the wider world.
  • McEwen, Nicola. Disunited Kingdom: Will Brexit spark the disintegration of the UK? // Political Insight (20016) Vol. 7, no. 2 (September), p. 22-23.
    The vote to leave the European Union has ignited the debate about the future of the United Kingdom. Could Scotland be on the verge of independence? [Wiley Online Library]
  • Michl, Walther. Die formellen Voraussetzungen für den Austritt des Vereinigten Königreichs aus der Europäischen Union // Neue Zeitschrift für Verwaltungsrecht (2016) Nr. 19, S. 1365-1369.

    Der Beitrag setzt sich mit den formellen Hürden, die Art. EUV Artikel 50 EUV für den Austritt des Vereinigten Königreichs aus der EU, den so genannten Brexit, aufstellt, auseinander. Insbesondere widmet er sich den Fragen, wer über den Beginn des Austrittsprozesses zu entscheiden hat, wie der Verhandlungsprozess von der angestrebten Gestalt der zukünftigen Beziehungen abhängt, welche Zustimmungs- und Ratifikationserfordernisse sich daran jeweils knüpfen und ob das Verfahren von britischer Seite einseitig wieder angehalten werden könnte. [BECK]

  • Mind your step. The Tories and Brexit; Britain // The Economist (2016) October 8th, Vol. 421(9010), p. 30-32.
    Theresa May fires the starting gun for what looks likely to be a hard Brexit, taking Britain out of Europe’s single market.
  • Morrow, Duncan; Byrne, Jonny, Playing Jenga? Northern Ireland after Brexit // Political Insight (20016) Vol. 7, no. 2 (September), p. 30-31.
    The European Union referendum campaign in Nortern Ireland was muted, but the result has sparked serious concerns about stability, prosperity and peace in the once restive region. [Wiley Online Library]
  • Next stop: Brexit?; Britain and the European Union // The Economist (2016) Mar 12, Vol. 418(8980), p. 27
    The campaign to leave the European Union is still behind, but picking up speed. he plan had been that David Cameron would return in triumph from Brussels, having won reforms of Britain’s status in the EU, and throw his full weight behind the campaign to remain in. Most Tory MEPs and voters would swing, albeit reluctantly, behind the prime minister. With strong backing from Labour and the Liberal Democrats, and from business and trade unions, the result would be a large majority in the referendum on Jun 23, 2016. It could still happen. Most polls, and even more strongly the bookmakers, put the Remain camp in the lead, though there was little of the hoped-for bounce after Cameron came back from Brussels. [ProQuest Research Library]
  • Oliver, Tim. European and international views of Brexit // Journal of European Public Policy (2016) Vol. 23, no. 9, p. 1321-1328.
    A British withdrawal from the European Union (EU) would change Britain, the EU, the politics and security of Europe and the place of all three in the international system. To explore these possible changes, this article draws on a series of commissioned analyses that look at the views of Brexit in other EU member states and select third countries outside the EU. Specifically, it examines and maps out the prevailing ideas of what the aforementioned changes could entail. It argues that ideas connected to European unity and integration will define how a Brexit is managed. [Taylor & Francis Journals Complete]
  • Oliver, Tim; Williams, Michael John. Special relationships in flux: Brexit and the future of the US–EU and US–UK relationships // International Affairs (2016) Vol. 92 (3). p. 547–567.
    A British exit from the EU would add to growing strains on the United States’ relations with Britain and the rest of Europe, but by itself would not lead to a breakdown in transatlantic relations due to the scale of shared ideas and interests, institutional links, international pressures and commitments by individual leaders.
  • Phinnemore, David. On the road to Brexit // Political Insight (2016) Vol. 7, no. 3, p. 8-11.
    “Brexit means Brexit” – but what does Brexit mean? David Phinnemore explores the options fot the UK – and the European Union – in the wake of June´s dramatic referendum result. [SAGE Premier]
  • Raising the drawbridge. Brexit and immigration; Britain // The Economist (2016) August 27th, Vol. 420(9004), p. 22.
    Hopes of a cost-free cut in European Union migration are illusory. Hostility to immigration was a key driver of Britons’ vote on June 23rd to leave the EU. Theresa May has duly said that freedom of movement from the EU cannot continue as before.
  • Reid, Colin T. Brexit and the future of UK environmental law // Journal of Energy & Natural Resources Law (2016) no. 4, p. 407-415.
    The United Kingdom’s decision to leave the European Union will have major consequences for environmental law. EU law is integrated into the UK’s laws in many ways that will be difficult to disentangle and a continuity of laws provision seems desirable in order to avoid gaps in the law appearing. The effect of devolution within the UK is that most environmental matters will in future be the responsibility of the devolved administrations. The UK’s freedom of action will continue to be constrained by obligations in international law, including those establishing a new relationship with the EU. Environmental law in the UK has changed greatly during the four decades of its membership in the EU and most of the innovations introduced through the EU are likely to be retained, although there may be a wish to restore more discretion over the outcomes to be achieved as opposed to having strict obligations to satisfy targets and standards. In structural terms the biggest changes are likely to be the loss of the stability provided by the slow processes of making and changing EU law and the loss of means to call to account the UK government (and devolved governments in Scotland, Northern Ireland and Wales) over their performance in meeting their environmental commitments. [ProQuest Research Library]

  • Rock out. Spain, Gibraltar and Brexit; Europe // The Economist (2016) July 16th, Vol. 419(8998), p. 23.
    A territory is dragged from Europe against its will. Spain looms. The European vision RED post boxes and phone booths line the streets. Musket-bearing re-enactors march past helmeted policemen. The pubs serve pie and chips even in 25-degree heat. It seems like a Brexiteer’s paradise.
  • A rocky rehearsal; Brexit war games // The Economist (2016), Jan 30, Vol. 418(8974), p. 24.
    The recent messages from Downing Street have been optimistic. Careful diplomacy is paving the way for UK Prime Minister David Cameron to renegotiate Britain’s European Union membership at a summit in Brussels on Feb 18-19, 2016. That should enable the prime minister to call (and win) his EU referendum in late June. Yet the outcome of mock “war games” staged on Jan 25 by Open Europe, a London-based Eurosceptic think-tank, was less reassuring. The games brought together former EU leaders to test what deal Britain might secure. [ProQuest Research Library]
  • The roots of Euroscepticism; Brexit brief // The Economist (2016) Vol. 418(8980), p. 30.
    A common question from abroad is: why is Britain having a referendum on its EU membership? The simple answer is that David Cameron promised one in the Conservative Party manifesto for last May’s election. But the deeper one is to be found in the rise and rise of British Euroscepticism. The origins of today’s EU lie in the ashes of post-war Europe. [ProQuest Research Library]
  • So what will Brexit really mean? Britain and the European Union; Britain // The Economist (2016) September 10th, Vol. 420(9006), p. 30-31.
    Theresa May’s ministers are carefully avoiding specific answers. But she is systematically disowning many of the Brexiteers’ promises.
  • Skouris, Vassilios. Brexit: rechtliche Vorgaben für den Austritt aus der EU // Europäische Zeitschrift für Wirtschaftsrecht (2016) Nr. 21, S. 806-811.
    Am 23.6.2016 stimmten die Bürger im Vereinigten Königreich, das seit 1973 Mitglied der EU ist, in einem Referendum für den Austritt aus dieser supranationalen Organisation. Das negative Ergebnis des Referendums hat die EU- und die britische Doktrin etwas unvorbereitet getroffen. Zahl und Komplexität der mit dem „Brexit“ verbundenen Fragen werden aber immer offensichtlicher. Der Beitrag skizziert vor diesem Hintergrund die wichtigsten rechtlichen Probleme sowohl vom Standpunkt der EU als auch des Vereinigten Königreichs.
    In a referendum on 23 June 2016, the citizens of the United Kingdom, an EU Member State since 1973, voted for leaving this supranational organisation. The negative outcome of the referendum caught both the European Union as well as the United Kingdom doctrine somewhat unprepared. It is obvious, however, that the “Brexit” raises multiple complex questions. This paper thus outlines the major legal problems from the point of view of both the European Union and the United Kingdom. [BECK]
  • Soltész, Ulrich. Das EU-Beihilferecht und der Brexit – Folgen, künftige Modelle und Vorwirkungen // Europäische Zeitschrift für Wirtschaftsrecht (2016) Nr. 22, S. 846-849.

    Der geplante Austritt des Vereinigten Königreichs aus der EU beherrscht nicht nur die Tagespresse, sondern auch die EU-rechtliche Diskussion (s. nur Skouris, EuZW 2016, EUZW Jahr 2016 Seite 806). Der vorliegende Beitrag skizziert, wie das künftige Verhältnis der EU zu Großbritannien im Hinblick auf die Kontrolle staatlicher Beihilfen ausgestaltet werden könnte. Zudem werden die Auswirkungen beschrieben, die sich – wie der Fall Nissan zeigt – bereits heute aus dem angekündigten Brexit ergeben können.

    The decision of the United Kingdom to leave the EU has been heavily discussed in the press as well as in EU law circles (cf. Skouris, EuZW 2016, EUZW Jahr 2016 Seite 806). This article outlines how the future relationship between the EU and Great Britain could be shaped with regard to State aid control. In addition, the article highlights the implications resulting from the Brexit which could – as shown by the example of Nissan – be seen already today. [BECK]

  • Straws in the wind. The economic impact of Brexit; Britain // The Economist (2016) July 16th, Vol. 419(8998), p. 28.
    Forget the financial markets. Evidence is mounting that the real economy is suffering from Brexit.
  • To pull or not to pull. The Brexit trigger; Britain // The Economist (2016) August 20th, Vol. 420(9003), p. 24.
    The case for delaying the start of the Brexit process.
  • Tynes, Dóra Sif; Haugsdal, Elisabeth Lian. In, out or in-between? The UK as a contracting party to the Agreement on the European Economic Area // European Law Review (2016) Vol. 41, no. 5, p. 753-765.
    The article examines the legal status of the UK as a contracting party to the Agreement on the European Economic Area (EEA Agreement) pre- and post-Brexit. To understand the legal nature of the EEA Agreement it is necessary to consider the historical context in which it was concluded. Furthermore, the institutional set-up of the Agreement, centred on the so-called two-pillar system, sets this Agreement apart from other association agreements concluded by the EU. [Thomson Reuters Westlaw]
  • Usherwood, Simon. Did Ukip win the referendum? // Political Insight (20016) Vol. 7, no. 2 (September), p. 27-29.
    The United Kingdom Independence Party campaigned for Britain to leave the EU for more than two decades. But what role did Ukip play in the successful Brexit vote? And where will the party go from here? [Wiley Online Library]
  • Uttley, Matthew R. H; Wilkinson, Benedict. A spin of the wheel? Defence procurement and defence industries in the Brexit debates // International Affairs (2016) Vol. 92 (3). p. 569–586.
    Whether a ‘Brexit’ would threaten the United Kingdom’s national security has become a central theme in the run-up to the in/out referendum on EU membership. Although national security has been a central facet of both the ‘Remain’ and ‘Leave’ campaigns thus far, there has been little mention of the implications of a Brexit for UK defence industries or defence procurement, let alone formal debate or analysis. The article addresses this gap by analysing the potential implications of a Brexit for defence procurement and industries in the UK and the EU member states.
  • Van den Bergh, Roger. Farewell utopia? Why the European Union should take the economics of federalism seriously // Maastricht Journal of European and Comparative Law (2016) no. 6, p. 937-964.
    Following the Brexit vote, the European Union (EU) is experiencing a deep institutional crisis. The economic theory of federalism may explain the causes of this crisis and suggest ways to overcome it. The core of  the problem is that the EU has taken action in areas where it would have been preferable to leave the initiative to the Member States and that it has neglected to act in fields where the central level enjoys a comparative advantage compared to lower levels of government. The paper presents the economic criteria that may be used to decide the appropriate level of decision-making in a (quasi) federal union. It argues that political distortions have inhibited the use of these arguments and have consequently led to the current institutional crisis. Both market integration and the monetary union have become a goal in itself and are no longer connected to the original ambition of the Treaty to increase social welfare and guarantee a peaceful coexistence between the Member States. This article suggests a deregulation of market integration legislation and a reform of the Euro system, which are in conformity with the basic lessons of the economics of federalism. [Paberil või täistekst RRi lugemissaalis konsultandi vahendusel]

  • Öberg, Marja-Liisa. From EU Citizens to Third Country Nationals: The Legacy of Polydor // European Public Law (2016) Vol. 22, no. 1, p. 97–114.
    This article considers the possible effects of ‘Brexit’ on British nationals who would no longer be EU citizens. Any Member State withdrawing from the Union is unlikely to cut all ties to the Internal Market. It is almost inevitable that a departing State would need to set up a bilateral or multilateral arrangement for the purpose of continuing to participate in the Internal Market. The analysis compares the legal status of the citizens of a withdrawing state vis-à-vis EU citizens and examines whether and under what conditions third country nationals are conferred rights and obligations in the EU Internal Market which are equal to those enjoyed by EU citizens. In this context, the possibility of using the Polydor doctrine to empower third country nationals to an extent comparable to EU nationals is explored.
  • Wall, Sir Stephen. Leaving the EU? // European Public Law (2016) Vol. 22, no. 1, p. 57-67.
    This essay provides a detailed historical account of United Kingdom’s accession and participation in the EU. Full awareness of the historical events and dynamics is crucial to understand the forces agitating the current debate. In particular, through an exploration of the key steps that led the United Kingdom to accede the EEC and the dynamics of its participation ever since, the main finding that emerges is that the United Kingdom joined the EEC reluctantly, and that this attitude has crucially continued ever since. It is thus fair to say that the United Kingdom, at heart, never wanted to join the European Communities and, at heart, never stopped hankering after a world where it would be safe for it to leave. This ambivalence does not prevent, however, from highlighting a few strong reasons that militate in favour of staying in.
  • Weller, Marc-Philippe ; Thomale, Chris ; Benz, Nina. Englische Gesellschaften und Unternehmensinsolvenzen in der Post-Brexit-EU // Neue Juristische Wochenschrift (2016) Nr. 33, S. 2378-2383.

    United Kingdom says goodbye – does Germany say hello? Welche Konsequenzen hat der Brexit für Gesellschaften aus dem Vereinigten Königreich und für dort durchgeführte Sanierungs- und Insolvenzverfahren? Und welche Chancen birgt er für die internationale Wettbewerbsfähigkeit des deutschen Unternehmensrechts? Diese Fragen sollen nachfolgend beleuchtet werden. [BECK]

  • What if?; Briefing Brexit // The Economist (2016) June 18th, Vol 419(8994), p. 19-21.
    The aftermath of a vote to leave the European Union will depend on unpredictable responses in all sorts of places. It is unlikely to be pretty.
  • Whitman, Richard G. Brexit or Bremain: What future for the UK’s European Diplomatic Strategy? //  International Affairs (2016) Vol. 92 (3). p. 509-529.
    A major public debate on the costs and benefits of the United Kingdom’s membership of the European Union is presently under way. The outcome of the referendum on 23 June 2016 will be a pivotal moment in determining whether the EU has a future as a component of the UK’s European diplomatic strategy or whether there is a major recalibration of how the UK relates to Europe and more widely of its role within international relations. [Wiley Online Library (Free)]
  • Witte, Bruno de. Near-membership, partial membership and the EU constitution // European Law Review (2016) Vol. 41, no. 4, p. 471-472.
    The withdrawal agreement envisaged by art.50 TEU is about “setting out the arrangements” for withdrawal of the UK, “taking account of the framework for its future relationship with the Union”. The assumption conveyed by this wording is that the future relationship between the UK, the EU and the remaining Member States will be set out in a separate instrument rather than in the withdrawal agreement itself. It could not really be otherwise, as the withdrawal agreement would be concluded by the EU only (without its Member States), whereas the future relationship would necessarily have to be laid down in a treaty to which the Member States are also parties, since that treaty would entail potentially important changes in the existing rights and obligations of all EU States. [Thomson Reuters Westlaw]

2015

  • Alternative lifestyles; Britain’s post-Brexit options // The Economist (2015), Oct 17, Vol. 417(8960), p.SS13-SS15. Special Report.
    Most of the alternatives to full membership of the EU are unattainable, unappealing or both. The EU will not disappear as an institution or a big market. A post-Brexit Britain will have to form a set of trading and institutional relationships with it. The uncertainty is over what these would be–and how long they might take to negotiate. Article 50 of the Lisbon treaty, which allows a country to leave, talks of two years for a deal, but to anyone who knows Brussels that seems optimistic. [ProQuest Research Library]
  • Glencross, Andrew. Why a British referendum on EU membership will not solve the Europe question // International Affairs (2015) Vol. 91(2), p. 303-317.
    This article scrutinizes the merits of holding a referendum over UK membership of the EU. It queries the assumption that direct democracy can somehow resolve the longstanding Europe question in British politics. To do this, the analysis traces the existence of an exceptionalist approach to the EU within Britain, now associated with re‐negotiating UK membership in the shadow of a referendum. [Academic Search Complete (EBSCO)]
  • Oliver, Tim. To be or not to be in Europe: is that the question? Britain’s European question and an in/out referendum // International Affairs (2015) Vol. 91(1), p. 77-91.
    The idea of holding an in/out referendum on Britain’s membership of the European Union has increasingly become a norm of British politics, an act seen as a necessary step for the country to answer what David Cameron described as the ‘European question in British politics’. A referendum, it is hoped, will cleanse British politics of a poisonous debate about Europe and democratically sanction a new stable UK-EU relationship, whether the UK stays in or leaves. Such hopes expect more of a referendum than it can provide. The European question is a multifaceted one and whatever the result of a referendum it is unlikely to address underlying questions that will continue to cause problems for UK-EU relations and Britain’s European debate. [Academic Search Complete (EBSCO)]
  • Robinson, Bill. The Brexit and investments // New Statesman (2015) Apr. 10 – Apr. 16, p. 7
    Britain is attractive to foreign investors because it offers tariff-free access, under a single regulatory regime, to the huge EU market. The resulting damage to the UK’s long term prospects for growth in national income, and hence company revenues and profits, could have a negative impact on share prices. [ProQuest Research Library, Academic Search Complete (EBSCO)]
  • Startin, Nicholas. Have we reached a tipping point? The mainstreaming of Euroscepticism in the UK // International Political Science Review (2015) Vol. 36(3), p. 311-323.
    Stephen George, the eminent scholar of the European Union, famously labelled the UK as the ‘awkward partner’ when analysing the country’s relationship with the EU. The ‘permissive consensus’ evident in most EU nation states, at least prior to Maastricht and more recently the Eurozone crisis, was never ‘clear-cut’ in the UK. However, recent developments have propelled the issue of UK membership to the centre stage of British politics. By analysing some of the key historic variables which have contributed to the UK’s ambivalence and hostility towards the EU as well as more recent factors such as Conservative Party splits over ‘Europe’ and the rise of UKIP, the article focuses on the role and influence of the tabloid press, and in particular the Daily Express , to demonstrate how the debate surrounding UK membership of the EU has completed its journey from the margins to the mainstream of British politics. [Sage Journals Onlines]

2014

  • Copsey, Nathaniel ; Haughton, Tim. Farewell Britannia? ‘Issue Capture’ and the Politics of David Cameron’s 2013 EU Referendum Pledge // Journal of Common Market Studies (2014) Nov, Vol. 52(S1), p. 74-89.
    On 23 January 2013, the terms of Britain’s long-running debate on the nature of its relationship with the European Union underwent a dramatic transformation. For the first time in nearly 40 years, a British Prime Minister announced his intention to hold a plebiscite on membership of the EU with the promise to include the possibility of a British exit as a response on the ballot paper. [Business Source Complete (EBSCO)]
  • Mccormick, John. Voting on Europe: The Potential Pitfalls of a British Referendum // The Political Quarterly (2014), Vol. 85(2), p. 212-219.
    As Britain prepares for a possible referendum on continued membership of the European Union, it is essential that more careful thought is paid to the dynamics of referendums. Polling data reveal the existence of a substantial knowledge deficit in the UK and other parts of the EU: large numbers of voters simply do not understand the EU. There is also reason to question the conventional view that voters can correct for such a deficit by using cues from opinion leaders and the media. [Academic Search Complete (EBSCO)]
  • Vojtíšková, Vlaďka. The prospect of a British exit from the EU // European View (2014), Vol.13(2), p. 309-317.
    A referendum on whether the United Kingdom should remain a member of the EU is no longer science fiction. British Prime Minister David Cameron has committed to a referendum in 2017 if the Conservatives win the 2015 elections. Before that, Cameron wants to negotiate a ‘better deal’ with the EU. What is his understanding of this ‘deal’, and what would the prospects for Britain be if they fail to achieve this and vote for an exit from the Union? How should the EU react to this British challenge? Are there any areas that could be reformed in order to please the British, while avoiding a ‘Europe à la carte’?