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Brexit: UK-EU Legal Framework Overview

This document outlines essential and optional readings related to the UK-EU relationship post-Brexit, including key agreements like the Withdrawal Agreement and the Trade and Cooperation Agreement. It poses questions regarding the relevance of EU law in the UK and the objectives of the TCA, inviting discussion on the implications of these agreements. Additionally, it references various scholarly works for deeper understanding of the legal aspects of Brexit.

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18 views2 pages

Brexit: UK-EU Legal Framework Overview

This document outlines essential and optional readings related to the UK-EU relationship post-Brexit, including key agreements like the Withdrawal Agreement and the Trade and Cooperation Agreement. It poses questions regarding the relevance of EU law in the UK and the objectives of the TCA, inviting discussion on the implications of these agreements. Additionally, it references various scholarly works for deeper understanding of the legal aspects of Brexit.

Uploaded by

em872
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Tutorial 8 Brexit: the new UK-EU relationship

ESSENTIAL READING

UK-EU Withdrawal Agreement: [Link]


uri=CELEX:12019W/TXT(02)&from=EN

UK-EU Trade and Cooperation Agreement


([Link]
uri=CELEX:22020A1231(01)&from=EN)

Weatherill, ‘The Court’s Case Law on the Internal Market: “A Circumloquacious Statement of
the Result, Rather than a Reason for Arriving at It?’” in Adams, de Waele, Meeusen and
Straetmans (eds), Judging Europe’s Judges (Hart Publishing, 2013) 87-108 (pp101-104
are about a topic we have not covered so you are not expected to read them) (available on
Reading List Online).

OPTIONAL READING

- Blogs updated regularly:


[Link] (where interesting reports on various aspects of the WA, TCA, and
retained/assimilated law).
[Link]

- On the UK-EU Withdrawal Agreement:


De Mars, S., ‘A Little Less Liable? Enforcing Post-Brexit EU Law in the UK’, (2023) 48
ELRev 151.
Editorial. ‘Unfinished Brexit business: The Windsor Framework on the Northern Ireland
Protocol’, (2023) 60 CMLRev 1217.
Fabbrini, F. (ed.), The Withdrawal Agreement (OUP, 2020).
Fabbrini, F. (ed.), The Framework of New EU-UK Relations, (OUP, 2021).
Lazowski, A. and Cygan, A. (eds), Research Handbook on Legal Aspects on Brexit
(Elgar Publishing, 2022) where you will find various chapters of interest.
Lieflander, T., Kellerbauer, M. and Dimitriu-Segnana, E. (eds),. The UK-EU Withdrawal
Agreement – A Commentary (OUP, 2021).
Lazowksi, A., ‘The Court of Justice of the European Union and the United Kingdom
after Brexit: Game Over?’, (2022) 47 ELRev 666.
Polak, R. and Wessel, R., ‘The Emergence of EU Withdrawal Law’, (2024) 61 CMLRev
167.

- On the UK-EU Trade and Cooperation Agreement:


Peers, S., ‘So Close, Yet So Far: The EU/UK Trade and Cooperation Agreement’, (2022)
59 CMLR 49-80.
Lazowski, A. and Cygan, A. (eds), Research Handbook on Legal Aspects on Brexit
(Elgar Publishing, 2022) where you will find various chapters of interest.
Fabbrini, F. (ed.), The Framework of New EU-UK Relations, (OUP, 2021).
Lyons, T., ‘The EU/UK TCA: tax and customs’, (2021) Tax Journal 12-14.

1
QUESTIONS

1. To what extent does the Withdrawal Agreement preserve the relevance of EU law in the
UK’s legal order?

2. Describe the main objectives of the Trade and Cooperation Agreement (TCA). What are
the main differences it introduces, compared to the period until 31 December 2020?

3. Read the chapter by Weatherill (under Essential Reading) and be prepared to discuss the
arguments he makes.

Do you agree with the following statement of his: ‘The space within which States are
allowed to show justification for trade-restrictive practices is of crucial importance to
ensuring the EU’s internal market is not a process of remorseless deregulation, but rather
a site within which diversity in national regulatory choices is managed, checked but,
provided it is shown to be sincere, respected’.

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