Tag: Brexit

European 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 …

Brexit and EU Social Policy: Uncertainty for the UK, Opportunities for the EU

Pieter Pecinovsky LERU Brexit Seminar The relationship between the EU and the UK has always been characterised by a troublesome dialogue of ambivalence. This is particularly the case concerning the European Union’s social policy. When the ambitious Delors Commission wanted to introduce a chapter on social policy into the EU treaties with the Treaty of …

What Future for the Charter of Fundamental Rights in the UK?

Tobias Lock Despite the EU Withdrawal Bill’s premise to incorporate EU law into UK law, the exclusion of the Charter of Fundamental Rights but the inclusion of general rights principles in EU law has created confusion, writes Tobias Lock. He argues that the current approach of the bill will result in legal uncertainty over which …