Richard Steppe and Wouter Devroe LERU Brexit Seminar Introduction After a Brexit, can companies established in Germany provide services to a recipient in France through a branch in the United Kingdom? This query, which has generally been addressed several times by the Court of Justice of the EU (the “CJEU” or “Court”), is topical …
Category: Post
The legal nature of the withdrawal agreement
Katharina Behrend LERU Brexit Seminar The negotiations between the EU and the United Kingdom (UK) about the UK’s withdrawal from the EU in March 2019 are underway. For both sides Brexit has proven to be much more difficult so far than expected. This can be observed with regard to its political but also its …
Solving the autonomy conundrum: Can the UK avoid a hard border in Northern Ireland without subjecting itself to EU judges?
Armin Cuyvers LERU Brexit Seminar Solving Northern Ireland, the main obstacle to an orderly Brexit, is primarily a political challenge. EU law, however, imposes some legal limits that make this political challenge even harder. One of the less-known but potentially deal-breaking limits is the autonomy of EU law. Briefly put, autonomy can force …
The EU and Scottish independence after Brexit
Núria González Campañá LERU Brexit Seminar Secession is a live issue in today’s Western Europe. In the last years, we have witnessed the failure of two pro-independence attempts in Scotland and Catalonia. In the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. © …
The UK and EU mixed agreements after Brexit: the case of the EEA
Yuliya Kaspiarovich And Nicolas Levrat LERU Brexit Seminar “No deal for Britain is better than a bad deal for Britain”, said Theresa May in her speech on 17 January 2017. This assertion could not better fit our argument. However, we will in this contribution neither focus on a possible withdrawal agreement, nor on the …
What’s the point of an extended transition period and how could it be achieved?
Tobias Lock LERU Brexit Seminar In recent days, the option of an extended transition period has reportedly been floated by negotiators to break the deadlock in the Brexit negotiations. This blog post explores what such an extension could contribute, how it could be achieved in a way that is compatible with EU law and …
Amending Retained EU Law after Brexit
Emily Hancox LERU Brexit Seminar In this short blog post, I reflect on whether the EU Withdrawal Act 2018 (EUWA) adequately protects rights guaranteed by EU law from amendment by the UK government once the UK leaves the EU. Photo credit: Jessica Taylor/UK Parliament What is Retained EU Law? The EUWA provides for the …
Brexit and the Security Partnership
Leandro Mancano LERU Brexit Seminar Justice and Home Affairs Law is one of the most controversial areas of cooperation between the United Kingdom (UK) and other European Union (EU) member states. Although the participation of the UK in such measures has been inconsistent and progressed on a case-by-case basis, the mutual benefits ensuing from …