Journal Cover Common Market Law Review
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   ISSN (Print) 0165-0750 - ISSN (Online) 0165-0750
   Published by Kluwer Law International Homepage  [20 journals]
  • Foreword
    • Abstract:
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Stefaan Van den Bogaert, Professor of European law and Director of the Europa Institute, Leiden University.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • Brexit as the European Union’s “Machiavellian moment”
    • Abstract: The article presents the political developments following the UK’s Brexit referendum decision, arguing that the EU demonstrated a combination of frailty and firmness, resentment and determination, which were signs of a new will to live. The EU showed awareness of the need to protect itself and its citizens. The recognition that the very existence of the Union could not be taken for granted is presented in terms of a “Machiavellian moment”, a concept taken from Pocock. The article argues that the main reason why this particular moment evoked a will to live that seemed lacking in earlier crises facing the Union is situated in the geopolitical needs of the Federal Republic of Germany.
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Luuk Van Middelaar, University of Leiden.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • Withdrawal under Article 50 TEU: An integration-friendly process
    • Abstract: Article 50TEU acknowledges the right of Member States to withdraw from the EU, and contains a specific procedure. It also constitutes the legal basis of an exceptional EU competence whose purpose is to ensure that a Member’s departure is “orderly”. This qualification entails the conclusion of an agreement between the parties on the terms of the withdrawal, but also presupposes that the withdrawal does not undermine the integrity of the EU legal order, while contributing to the fulfilment of the Union’s integration objective. The unprecedented exercise of that competence has enriched the law of European integration: core components of the constitutional identity of the EU have been (re)affirmed, the role of its institutions bolstered, and Union membership law further articulated. Paradoxically, withdrawal may therefore be envisaged as an integration-friendly process.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Christophe Hillion, Universities of Leiden & Oslo, Swedish Institute for European Policy Studies (SIEPS), and Norwegian Institute of International Affairs (NUPI).
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • An airbag for the crash test dummies' EU-UK negotiations for a
           post-withdrawal “status quo” transitional regime under Article
           50 TEU
    • Abstract: Following the EU’s acceptance of the UK’s formal request for a post-withdrawal transitional regime, a common understanding was reached that it would be desirable to base a transitional regime, in principle, on a temporary prolongation of the status quo. However, there remains tension between the political preferences of the two sides. The article examines these developments, and looks in particular at whether a “status quo” transition can be located within the legal basis of Article 50 TEU, also bearing in mind the broader constitutional context provided by the Treaties and Union principles. It investigates the exceptional nature of the powers conferred on the Union under Article 50 TEU. It concludes that there may be more difficulties in agreeing the transitional arrangements than is widely assumed.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Michael Dougan, Liverpool Law School.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • Consequences of Brexit for international agreements concluded by the EU
           and its Member States
    • Abstract: The impact of Brexit on the external relations of the EU and the UK runs the risk of receiving less attention because of the difficult internal negotiations on the future of the UK-EU relationship. Yet, the legal complexities related to the fact that the UK will no longer be part of the EU’s external relations regime are equally challenging, and increasingly present themselves now that “Brexit day” approaches. The present contribution analyses the consequences of Brexit for the UK to negotiate and conclude new international agreements, as well as the impact of the UK’s withdrawal on existing international agreements concluded by the EU and its Member States with almost all States in the world.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Ramses A. Wessel, Professor of International and European Law and Governance, University of Twente, The Netherlands.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • “No deal is better than a bad deal”' The fallacy of the WTO
           fall-back option as a post-Brexit safety net
    • Abstract: The terms and conditions of the WTO fall-back option and the extent to which the WTO could act as a safety net for the UK’s future economic relations depend, to a great extent, on successful negotiations with all other WTO Members. There are significant differences between EU and WTO membership, in terms of the applicable trade rules and their economic impact, as well as compliance and dispute settlement procedures. Imposing new regulations and processes will inevitably entail additional costs and delays, regardless of any mitigation agreements. Finally, the EU-UK relationship covers much more than trade so the WTO fall-back option will in any case leave major legal vacuums. Thus, the mantra “no deal is better than a bad deal” is misleading; the WTO fall-back option falls far short of providing an adequate safety net, even for trade matters.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Freya Baetens, Professor of Public International Law at the PluriCourts Centre of Excellence (Faculty of Law, Oslo University).
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • Brexit and financial services: (Yet) another re-ordering of institutional
           governance for the EU financial system'
    • Abstract: This article considers the potential impact of the withdrawal of the UK on EU financial services law and its institutional arrangements. While speculation is currently perilous, this article suggests that the impact of Brexit on EU financial governance will be contained and most likely limited. The greatest uncertainty relates to the EU’s evolving supervisory/institutional arrangements. Brexit may be one of the factors which leads to a significant future empowerment of the European Supervisory Authorities, and in particular the European Securities and Markets Authority. But it is only one of a range of complex, dynamic and symbiotic forces which must combine in the EU’s governance reform crucible if material reform is to follow.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Niamh Moloney, London School of Economics and Political Science.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • Free movement vs. fair movement: Brexit and managed migration
    • Abstract: The aim of this article is to propose a new concept of free movement of persons, based on the notion of “fair movement” or managed migration. In the context of the UK becoming a neighbouring State, but hoping to maintain access to the Single Market, the article explores possibilities of greater control for the host State while keeping some of the benefits of existing EU free movement rules. It recalls the discussions of free movement of workers at the time the EEC was established; it also looks at the differentiated provisions covering free movement of persons between the EU and EEA States, and the EU and Switzerland. It concludes that more flexibility will be needed in the two areas considered: equal treatment and emergency brake.  
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Catherine Barnard
      Sarah Fraser Butlin, Trinity College, Cambridge, and Affiliated Lecturer, University of Cambridge respectively.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • An undivided Union' Differentiated integration in post-Brexit times
    • Abstract: After the British referendum of June 2016, the other 27 States of the EU sought to make common cause and affirmed the “undivided and indivisible” nature of the Union. At the same time, many leading political actors (foremost the French president Macron) and EU institutions stressed the need for greater differentiation of rights and obligations among the Member States in the future EU of 27 States. One of the plausible scenarios for the EU’s future, according to the Commission, is: “those who want more do more”. This article maps the recent surge of interest in pursuing new projects of differentiated integration, and discusses their legal and political feasibility in light of the characteristics of the main forms of differentiated integration currently offered by the European Treaties.
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      Bruno De Witte, Law School, University of Maastricht; Law Department, European University Institute, Florence.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
  • “In Europe history is the unseen guest at every table”
    • Abstract:
      Content Type Journal Article
      Part of Volume 55, Issue 2
      Authors
      David Edward, Professor Emeritus, University of Edinburgh; Judge of the European Court of First Instance 1989–92, and of the European Court of Justice 1992–2004.
      Journal Common Market Law Review
      Online ISSN 0165-0750
      Print
      ISSN 0165-0750
      PubDate: Thu, 17 May 2018 12:00:00 +000
       
 
 
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