Author: European Futures

Does UK Law Require a Referendum on the EU Withdrawal Agreement?

Donal Coffey Most people will throw their hands in the air when confronted with the possibility of another EU referendum in the United Kingdom. This article does not argue in favour or against such a referendum, but asks the following question: From a legal point of view, does a withdrawal agreement concluded between the United …

The UK’s Approach to EU Citizenship, Criminality and Expulsion

Leandro Mancano LERU Brexit Seminar Over recent years, foreign nationals in the United Kingdom subject to criminal investigations – let alone convictions – have increasingly experienced an (un)happy ending to their residence in Britain. The aftermath of the 2005 London terrorist attacks resulted in a toughening up of relevant rules concerning the protection of foreigners …

EU-UK Civil Judicial Cooperation and Private International Law after Brexit

Michiel Poesen LERU Brexit Seminar European harmonisation has been successful in fewer areas than private international law (PIL). Since the 1968 Brussels Convention, an impressive number of European PIL instruments have been adopted. The UK government’s recent position paper gives an overview of the current EU PIL instruments in which the UK participates. This article …

Brexit and Direct Taxation: A Turning Point for EU Tax Law?

Luca Cerioni LERU Brexit Seminar Brexit has already prompted a number of academic contributions examining the tax implications for the UK, in the areas of both direct taxation (income, profits and capital) and indirect taxation (VAT). At the same time, the European Council’s April 2017 Brexit negotiating guidelines state that any future agreement ‘must ensure …

Brexit: The Future of Private Antitrust Enforcement in the UK

Francesca Gelmini LERU Brexit Seminar EU antitrust rules, laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), are directly applicable and produce direct effect – namely, they create obligations and rights which national courts have the duty to safeguard. Indeed, the practices forbidden by Articles 101-102 …

Brexit and EU Competition Law: Managing the Transition

Friso Bostoen LERU Brexit Seminar Following Brexit, competition policy on both sides of the Channel will have to undergo a number of changes. These changes will be most significant in the United Kingdom, which is reflected in the amount of research focusing exclusively on that side of the Channel. To guide this process, the House …

Brexit and the Role of the European Parliament

Darren Harvey LERU Brexit Seminar The purpose of this piece is to update my recent article in the European Law Review on the role of the European Parliament during the Article 50 TEU process. At the time when the paper was originally accepted for publication, formal notification of the UK’s decision to withdraw from the …

Brexit and the Impact on Rights in the EU

Tobias Lock LERU Brexit Seminar What consequences will Brexit have for rights in the European Union? While there has been some discussion on the consequences of Brexit for rights protection in the UK, the potential impact of the UK’s withdrawal for rights protection in the rest of the EU has hardly been touched upon. One …