Search results for ""Author Federico Fabbrini""

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

Read more less

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book -- which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawal agreement provisions on the protection of citizens' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

Read more less

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As the book argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As the book suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

Read more less

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

Read more less

The Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.

Read more less

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders.The book will be of particular interest to academics and graduate or post-graduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counterterrorism, and related questions of individual rights.Contributors: O. Bassok, D. Cole, K. Cooper, J. Daskal, E. de Wet, B. Dickson, A. Ejima, S. Ellmann, F. Fabbrini, L. Garlicki, J. Hafetz, V.J. Jackson, C.C. Murphy, M. Scheinin, K.L. Scheppele, A. Su, C. Walker

Read more less

Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for - and evils of - secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism.In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking 'state secrets', and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness.Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.Contributors: O. Aronson, K. Clark, D. Cole, D. Curtin, F. Fabbrini, T. Fischer, L. Garlicki, S. Krebs, N. Lomjaria, A. Lynch, J. Mazzone, C.C. Murphy, T. Ojanen, K. Roach, M. Scheinin, S. Schulhofer, S. Sedley, S. Setty, T. Tulich, M. Vashakmadze, A. Vedaschi, S.I. Vladeck, C. Walker, R. Welsh

Read more less