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Research Handbook on Legal Aspects of Brexit

Research Handbook on Legal Aspects of Brexit

Author: Adam Lazowski; Adam Cygan
Publisher: Edward Elgar Publishing
ISBN: 9781800373136
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.

Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and EU-UK future relationship, including Brexit’s impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration.

The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.

Introduction to the Research Handbook on Legal Aspects of Brexit

Adam Cygan and Adam Łazowski

PART I. PROCESS

Brexit’s impact on the political system of the United Kingdom 17

Alan Wager

The UK and parliamentary government after Brexit – A dis-United Kingdom? 33

Michael Gordon

What about our constitutional requirements? Revisiting the decision of the UK to withdraw from the European Union 54

Theodore Konstadinides and Riccardo Sallustio

And then they were (again) twenty-seven: the EU-UK Withdrawal Agreement 73

Adam Łazowski

Retained EU law in the UK legal orders: continuity between the old and the new 98

Catherine Barnard

PART II. POST MEMBERSHIP EU-UK LEGAL FRAMEWORK

The EU-UK Trade and Cooperation Agreement: forging partnership or managing rivalry? 122

Joris Larik and Ramses A Wessel

Not so frictionless after all: trade in goods and services in EU-UK Trade and Cooperation Agreement 148

Yohannes Ayele, Ingo Borchert, Michael Gasiorek, Peter Holmes, Anna

Jerzewska, Minako Morita-Jaeger and Suzannah Walmsley

The EU customs union, free movement of goods, and enforcement mechanisms in the Protocol on Northern Ireland: a legal appraisal 175

Graham Butler

Criminal justice and security cooperation after Brexit 198

Valsamis Mitsilegas

10.

Private international law and cooperation in civil and commercial matters after Brexit – legislative gaps and future developments 221

Vesna Lazić and Chukwuma Okoli

11.

After the Brexit bonfire: identifying the embers of future foreign, security and defence cooperation with the EU 240

Steven Blockmans

PART III. REPATRIATION OF LAWS AND COMPETENCES

12.

Constitutional impact of withdrawal on the protection of fundamental rights 257

Eleni Frantziou

13.

‘Taking Back Control’: the challenges and opportunities of United Kingdom regulatory autonomy 276

Adam Cygan

14.

Environmental protection after Brexit: preventing the return of Europe’s dirty man 300

Wybe Th Douma

15.

Brexit and workers’ rights: managing divergence and managing trust 320

Jeff Kenner

16.

Equality law after ‘Brexit’ – stunted or reverse ‘repatriation’? 346

Dagmar Schiek and Aislinn Fanning

17.

Immigration: EU citizens and the UK 366

Elspeth Guild and Simon Cox

18.

Levelling up a level playing field: competition and subsidies in post-Brexit Britain 383

Andrea Biondi and Anneli Howard

19.

Three narratives on the United Kingdom’s trade agreements post-Brexit 403

Panos Koutrakos

PART IV. APRÈS BREXIT: THE EUROPEAN UNION OF TWENTY SEVEN

20.

UK, EU institutions, and Brexit: good times, bad times 423

Agata Gostyńska-Jakubowska and Adam Łazowski

21.

Goodbye but no good riddance: Internal Market with and without the United Kingdom 448

Adam Łazowski

22.

EU finances post-Brexit 470

Richard Crowe

23.

Brexit and Europe à géometrie variable: Towards the beginning or the end of the differentiated integration within the EU legal order? 491

Alicja Sikora

24.

Impact of Brexit on future enlargements of the European Union: a view from the Balkans 507

Julija Brsakoska Bazerkoska

25.

The war in Ukraine and the future of the EU 524

Federico Fabbrini

26.

Conclusions – life is going to be different 538

Adam Cygan and Adam Łazowski

Index

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