Category: Brexit (page 1 of 2)

Not What the Bus Promised: Health Governance after Brexit

The Institute for the Study of European Laws hosted a book launch for Hervey, Antova, Flear and Wood’s Not What the Bus Promised: Health Governance after Brexit, on 21 February 2024. People joined in person and online, from several countries, and including representatives from the third sector and private sector. The launch was chaired by Adrienne Yong, and speakers were co-authors Tamara Hervey and Mark Flear, with Charlotte Godziewski and Francesca Strumia as discussants.

The book is an output from several overlapping projects, especially an ESRC Governance after Brexit grant, led by Tamara Hervey, who is now Jean Monnet Professor of EU Law at City, University of London. Mark Flear and Matthew Wood were co-investigators on the project; Ivanka Antova was the project’s post-doctoral research fellow. Charlotte Godzieski commented favourably on the scope, scale and amount of data reported on in the book, the levels and layers of the book, and the interdisciplinary approach. Despite all this complexity, she found the book very approachable, and remarkably easy to follow, even for non-experts.

The book’s core research questions include the following: The Leave Campaign’s implicit promise included that Brexit would involve improvements to the NHS. To what extent is this the case? To the extent that this is not the case, who should be held accountable, and how? What would make for a legitimate post-Brexit health governance?

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City-EIAG Seminar

REBUILDING RELATIONS BETWEEN THE UK AND THE EU

A Security Cooperation Pact and Other Ideas for Strengthening the Relationship

City Law School

28 February 2024 at 6pm

The City Law School, City, University of London and the European and International Analysts Group (EIAG), supported by Henderson Chambers, invite you to a seminar to discuss a possible security pact between the UK and the EU and other ideas for strengthening the post-Brexit relationship.

A background paper to the seminar by Sir Julian King, and published by the EIAG, can be found here.

The world has changed since Brexit. Security and defence challenges have become more urgent and more diverse. Russia is waging a relentless war of conquest against Ukraine and there are grounds for uncertainty as to the long-term commitment of the United States to European defence. Add to that, increasing instability in the Middle East, spilling over into the interruption of the economically vital trade-route through Suez, and an increasingly aggressive international stance by the world’s authoritarian powers. Taking all this into account, the security situation in Europe is arguably more perilous than at any time since the end of World War II.

The UK and the EU face the same challenges, and could face them with more confidence together. With Brexit behind us, how should the UK set about re-framing its relationship with its neighbourhood, as one rooted in and justified by the reality of today’s challenges?

The seminar will explore the prospects for developing a new security pact between the UK and the EU, and other practical opportunities there may be for moving towards a closer and more structured relationship in the future.

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The Gendered Aspect of Brexit

When the UK went to the polls on 23 June, 2016 and voted to leave the European Union, the millions of EU citizens who were resident in the UK but unable to take part in the referendum were suddenly faced with a life-changing loss of rights. The end of freedom movement threatened their livelihoods and their very status as UK residents in the post-Brexit world. Continue reading

Legal London: Exploring London’s Role as Global Legal City

Jed Odermatt and David Seymour

On 23 September 2022 the City Law School held its Research & Enterprise Day on the theme of Legal London. The event was an opportunity to highlight the research, teaching and scholarship at City Law School and to develop links across the University, professions and the wider community.

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Legal Services Provisions in the UK-EU Trade and Cooperation Agreement: Good but Incomplete

David Collins

As the UK continues to establish its own trade policy, it is vital that legal services, which provide more than £60 billion per year to the UK’s economy, are paid sufficient attention in trade negotiations. UK legal expertise is high demand around the world and the service of international clients is a key source of revenue for many UK lawyers. Lawyers rely on the possibility of short-term visits to foreign jurisdictions for the purposes of providing legal advice (sometimes described as fly-in fly-out, or FIFO) as well as temporary secondment/establishment rights in a jurisdiction. While there are many lucrative, fast-growing markets in Asia, the ability for lawyers to continue to provide advice in these ways in the EU is an issue of some importance. The Lawyer’s Establishment Directive ceased to apply to UK lawyers at the end of the transition period. Today UK lawyers seeking to provide legal advice in the EU must deal with 27 separate regulatory regimes.

Fortunately, the principle of home title practice was recognised in the EU-UK Trade and Cooperation Agreement (TCA), finalized at the end of last year. It should be pointed out that the inclusion of any material on legal services in a Free Trade Agreement is in itself a achievement since historically they have been ignored in international negotiations, with the Comprehensive Progressive Trans-Pacific Partnership (CPTPP) and the agreement in principle between the UK and Australia other notable exceptions. Under the home title principle, parties to the TCA agree to permit practice by lawyers of the other party under their home jurisdiction professional qualification with regards to advice on home country and public international law, as well as arbitration, conciliation and mediation. On their own these are already sizable areas of the legal services market for most UK lawyers serving clients in the EU.
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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea: Limitations on Party Autonomy

Dr Jonatan Echebarria Fernández

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea – Limitations on Party autonomy, published by Taylor & Francis (Informa Law from Routledge) in March 2021, is based on the PhD thesis I defended at the Copenhagen Business School (CBS) on 21 February 2019. The book focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of cargo claims.

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Legal Challenges Faced by Coastal and Fishing Communities, Brexit and the New British Fisheries Policy

Dr Jonatan Echebarria Fernández (City Law School), Dr Tafsir Matin Johansson (World Maritime University) and Mr Mitchell Lennan (University of Strathclyde)

On Tuesday 8 June 2021, eleven leading experts from academia, the fishing industry, and international organisations gathered at an online workshop to discuss the legal challenges presented by Brexit and fisheries. The workshop was organised as part of the City Law School Higher Education Innovation Fund (HEIF) funded project “Legal challenges faced by coastal and fishing communities and the new British Fisheries Policy”. The project is led by Dr Jonatan Echebarria Fernández of City Law School (Principal Investigator), Dr Tafsir Matin Johansson of World Maritime University (Senior Expert Consultant) and Mr Mitchell Lennan of the University of Strathclyde (Impact Assistant).

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The EU Perspective on Labour and Social Standards in the EU-UK TCA: Reality and Expectations

Tamara Hervey

This blog post provides an early analysis of the ‘non-regression’ provisions on Labour and Social Standards in the EU-UK Trade and Cooperation Agreement (TCA). After considering the ‘non-regression’ provisions in the context of the TCA as a whole, it contrasts the provisions with measures of EU law. It then turns to elaborate the content of the provisions. Finally, some aspects of their enforcement are discussed.

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Work in progress: The EU-UK Trade and Cooperation Agreement as a “platform” for shaping future trade relationships

Giulio Kowalski

After four years of turbulent discussions and 1,400 pages of complex provisions, the EU and the UK (the “Parties”) signed the Trade and Cooperation Agreement (TCA) on 24 December 2020. Now that the much-feared risk of a no-deal Brexit seems to have been avoided, it could be high time to start digging into the details of the TCA and critically assess whether it is an effective and all-encompassing regulation or just a “platform” created in view of future negotiations and developments in the EU/UK (trading) relationships.

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Post-Brexit UK-EU Parliamentary Cooperation: Whose representation?

Isabella Mancini

The deal between the UK and the EU has not put an end to their talks. As negotiations will continue on a number of fronts, UK-EU parliamentary cooperation will be essential to ensure that citizens’ interests are taken into account. The EU-UK Trade and Cooperation Agreement (TCA) sets out that the European Parliament and the UK Parliament may establish a Parliamentary Partnership Assembly (PPA) that would provide a forum for exchanges of views. It is still unclear whether and when a PPA will be created. As the TCA suggests, its establishment appears to be voluntary and at the discretion of the legislatures from both sides. So far, the parliamentary dimension within the overarching governance of the TCA has remained at an embryonic stage, leaving many questions unanswered. Yet the PPA would not be the only channel for parliamentary cooperation and other formats could develop.

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