Brexit and EU Law Implications

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Institution

Brexit and EU Law Implications

 

EU Law代写 Brexit from the European Union is a process, not an event and therefore has to follow the laws and regulations as enshrined in the EU constitution.

Introduction

According to Armstrong (2017), Brexit from the European Union is a process, not an event and therefore has to follow the laws and regulations as enshrined in the EU constitution. It means that there are legal procedures to be followed before the final agreement and exit. There are well-stipulated guidelines under Article 50 of the treaty of Lisbon (Deac, 2016). All the EU members have the freedom to continue remaining in the union and hold discretion to leave. As such U.K. is not an exemption from that democratic freedom. EU Law代写**范文

Since Britain announced its withdrawals and after the EU Referendum resulted in a 52% ‘Leave’ vote, it has been bound by these legal processes that culminate in the country’s economic and political independence from EU (Hunt & Wheeler, 2017). However, it has remained challenging on how and when to leave owing to the uncertain future. Although there exists enormous number of unknown Brexit has legal implications to the EU law that unit all the countries together (Dougan, 2017).

These laws must be adhered to for the interest of the larger EU but with negotiation with Britain.

Therefore, perceiving Brexit as more of politics than EU law is under EU legal issues and implications that have arisen and continue to rise as a result of the Brexit process.

The Making and Implementation of EU Law  EU Law代写

The EU laws are made through the Ordinary Legislative Procedure, which is in the executive powers of the European Commission (Warleigh-Lack & Drachenberg, 2013; Horspool & Humphreys, 2012). The European Parliament has not powered conferred on them to have legislative initiative but discuss, comment and revise the proposal from the European Commission. The legislative proposals then progress to the Council of the European Union. EU Law代写**范文

The council is made of ministerial representatives from member states acts as the main decision-making body. A trialogue between the three bodies intends to resolve disputes in the proposed legislation to reach a consensus. The EU legislation can also be made through Special Legislative Procedure, which is, however complex process.

Treaties  EU Law代写

The EU Treaties form the basis upon which the constitution of the EU is constructed and is the highest-level legislation in the EU (Horspool & Humphreys, 2012). Conventions were used to create single market, which is bases on four fundamental freedoms of the EU including freedom of movement of people, services, goods, and capital. The UK laws incorporate EU Treaties through the European Communities Act 1972 (ECA) that provide the basis on which EU laws are transposed into domestic law and give EU laws binding over the inconsistencies in UK legislation (Barnard, 2017). It, therefore, means that Brexit is subject to EU laws regardless of when whether they do not agree with the domestic interests and legislations.

EU Law代写
EU Law代写

Regulations and Directives  EU Law代写

The next level to legislations is the EU Regulations.

They are directly applied subject to the Treaty. They are used to define EU and apply to member states without the implementation of the legislation (Dhingra, Ottaviano, Sampson, & Reenen, 2016). However, member states are required to transpose them into law through legislation. As a result, the member states have different approaches to the legislation implementing EU Regulations; for instance, the “gold plating” adopted in UK was beyond the scope of the regulation (Davies, 2013). EU Law代写**范文

Therefore, the differences in the application of legislative powers between member states make EU laws superior and binding over domestic laws.If any other case, difference relationships established between member states is one of the reasons, Brexit has been delayed. That is, the Irish borderline between the Republic of Ireland and Northern Ireland has become the bone of contention in the agreement between the EU and the UK. Besides the EU regulations and Treaties. EU Law代写**范文

There exists the Common Travel Area between Republic of Ireland and United Kingdom and Crown Dependencies (Whitfield, 2019). There also exist The British–Irish Intergovernmental Conference that functions as an official forum for co-operation between the two government away from the EU Regulations and Directives.

Common policies  EU Law代写

The relationship between Northern Ireland and Ireland also includes common policies in some areas through the North/South Ministerial Council. However, the political and economic relations between the two countries will be limited through establishment of custom borderline. EU Treaty takes Republic of Ireland as a sovereign state that is subject to the EU laws. If Brexit takes place, the law states that UK will cease to be a member of the free trade and hence cannot continue to enjoy the benefits of EU.

Decisions  EU Law代写

The Commission Decisions are the lowest level of the legislations. They are legally binding to all the member states. Brexit is subject to the EU Commission decisions that facilitate the process of withdrawal.

Case Law and Hierarchy  EU Law代写

EU legal institutions produce case laws and judicially inform of judgments by the Court of Justice of the European Union (CJEU) (European Union, n.d). The EU court is constituted by judges from member states and eight Advocates General. The course makes hearing for references from members state courts on matters of EU law and its interpretation of its local cases. The domestic courts are expected to follow the CJEU decisions and even if they are overbearing to them. More than 30 percent of the UK laws have been adopted from and influenced by the EU laws. According to Fabbrini (2017), it is uncertain how the UK will deal with EU-derived laws. EU Law代写**范文

After the exit, therefore, it will be subjected to new EU laws only if it considers to continue with EU trading. Some of the new rules that UK expects to adhere to in new trading deals include sales of goods, services, and digital content. However, the legal implication of these dependencies is hanged on the exit route the UK will take. Notably, the EU laws still hold, and any legal emergence will be interpreted and decided with it taking precedence.

Case laws  EU Law代写

In this context, Brexit is subject to all the case laws made by the EU judicial system. The UK courts are limited in their activities by parliamentary sovereignty. It is important to note that when the UK government was a withdrawal statement, there must have been legal consultations at the domestic level regarding the decision and the implication to the local legal and judicial system. Brexit will affect many UK laws and which will need to be subjected to repeals. Some of the areas affected include Data Retention Directive, multinational businesses, people movement among other issues. Nevertheless, the determination of the various problems surrounding legal implication to UK is done only by the EU laws to which the UK had a voice in their making.

Human Rights  EU Law代写

There are serious questions regarding international human rights after the Brexit. Advocacy groups outline five critical areas that of concern and call for address from both sides of the deal. According to Walawalkar (2019), they include a looming shortage of access to food and medicine, uncertain future of EU citizens, rights of immigration and asylum, and the future of the Good Friday Agreement in Northern Ireland.

Notably, the European Court of Human Rights is not an EU institution.  EU Law代写

The jurisdiction conferred to it is dependent on the countries that sign the European Convention on Human Rights rather than EU membership (Rainey, Wicks, & Ovey, 2014). As such, the association of ECHR is beyond the EU. Nonetheless, the EU has its Charter of Fundamental Rights of the European Union. The makeup of CFREU is derived from the ECHR and EU laws. Thus, the EU’s application of human rights regulation and principles must agree with those of the convention and EU law.

Therefore, all the decision on Brexit is now emphasizing human rights.  EU Law代写

International relations are more than the exchange of goods and services and include all aspects of human life. Thus, EU treaties have clauses that ensure the protection of various human rights (Choukroune, 2019). The weaker bargaining power in post-Brexit portrays that human rights are abandoned. Most of the deals that the UK is making in anticipation of exit cover little on human rights. EU Law代写**范文

EU has had human rights clause in all its trades contracts, and Brexit is not an exemption. Therefore, to address the human rights concerns, EU will give UK 2-year transition period, after which the new laws will take effect. At this period, people will be allowed freedom of movement in and out of EU as well as in UK. UK citizens in the EU and EU citizens in the UK will keep their residency and social security rights after Brexit. UK citizens will be allowed to work and live in EU after the lapse of 2-year transition and can apply permanent residence in the country of choice after five years.

EU Law代写
EU Law代写

Conclusion  EU Law代写

There is no precedent for leaving the EU in the current Treaty provisions. A closer look at the Brexit deal, it is evident that EU laws have taken the course as envisioned in the Treaty. Every agreement is done following the EU law, which the UK is a party. Notably, the application of human rights and exit process and negotiations. Considering that it has taken more than three years, and yet no deal has been made, and EU has given UK time and goodwill to settle on the negotiations, but only within the precinct of the EU laws and regulations envisioned in article 50, indicate that law has been the required course rather than relying on UK politics.

References  EU Law代写

Armstrong, K. A. (2017). Brexit time: leaving the EU-why, how and when?. Cambridge University Press.

Barnard, C. (2017). Law and Brexit. Oxford Review of Economic Policy, 33(suppl_1), S4-S11.

Choukroune, L. (2019). Human rights are getting cut from Britain’s post-Brexit trade deal negotiations. The Conversation. Retrieved from https://theconversation.com/human-rights-are-getting-cut-from-britains-post-brexit-trade-deal-negotiations-125165

Davies, C. (2013). Minister says UK ‘gold-plating’ of EU laws has stopped. BBC. Retrieved from https://www.bbc.com/news/uk-politics-22277927

Deac, A. (2016). Withdrawal from The European Union According To Art. 50 Of The Treaty Of Lisbon. Practical Application–Brexit. Perspectives of Business Law Journal, 5(1), 29-32.

Dhingra, S., Ottaviano, G. I., Sampson, T., & Reenen, J. V. (2016). The consequences of Brexit for UK trade and living standards.

Dougan, M. (Ed.). (2017). The UK after Brexit: Legal and policy challenges. Intersentia.

European Union. (n.d). Court of Justice of the European Union (CJEU). Retrieved from https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_en

Fabbrini, F. (Ed.). (2017). The Law & Politics of Brexit. Oxford University Press.

Hunt, A., & Wheeler, B. (2017). Brexit: All you need to know about the UK leaving the EU. BBC News, 25.

Horspool, M., & Humphreys, M. (2012). European Union Law. Oxford University Press.

Rainey, B., Wicks, E., & Ovey, C. (2014). Jacobs, White, and Ovey: the European convention on human rights. Oxford University Press, USA.

Whitfield, K. (2019). Brexit backstop explained: A straightforward guide to this complicated topic. Express. Retrieved from https://www.express.co.uk/news/politics/1054675/Brexit-backstop-explained-simple-guide-northern-ireland-border

Warleigh-Lack, A., & Drachenberg, R. (2013). Policy-making in the European Union. European Union Politics, 199-212.

Walawalkar, A. (2019). Brexit Poses Five ‘Serious’ Human Rights Threats – Amnesty International. Rights Info. Retrieved from https://rightsinfo.org/amnesty-5-human-rights-concerns-posed-brexit/

 

 

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