The LSE Law: Policy Briefing Papers series was first published in 2014. The aim of the series is to provide short, policy-relevant papers on issues of contemporary public interest in all subject areas, from members of the LSE's Law Department, doctoral students and visiting scholars. The target audience of the series includes not only academics but also policy-makers, the press, and the broader public. The papers are published electronically and are available online and through email distribution.
Meredith Rossner ; Floris de Witte
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LSE LAW BREXIT SPECIAL Vol. 4, No. 1: Mar 30, 2017
On the 29th March, Theresa May has triggered Article 50 TEU to start the UK’s withdrawal from the EU. This process is marred with uncertainty, both in terms of how the negotiations take place, and in terms of the impact of Brexit on diverse policy domains which are currently governed by the EU. In light of this topical and extremely important discussion, LSE Law is happy to announce a special issue of its Policy Briefing Series. Seven members of LSE Law – all specialists in their field – explain the process of negotiating Brexit as well as the impact of Brexit on UK constitutional law, trade relationships with the EU, financial services, competition law, privacy laws and the institutions of the EU. LSE Law wishes you happy reading.
Dr Floris de Witte (LSE Law)
The discussions on Brexit so far have mainly focused on its domestic legal implications, and its possible political consequences for both the EU and the UK. As Article 50 TEU is triggered, however, and the process of negotiating Brexit and a new deal between the UK and the EU has started, the focus shifts to the details of EU law. EU law suggests significant constraints to the renegotiation process.
The Constitutional Context to Triggering Article 50 TEU
Dr Jo Eric Khushal Murkens (LSE Law)
The mythical Art.50 TEU gives Member States the option to withdraw from the EU ‘in accordance with its own constitutional requirements’. But what are the constitutional requirements of a country with no written constitution? And which institution is best placed to resolve the competing constitutional claims regarding prerogative powers, Acts of Parliament, conventions, and individual rights that were voiced by the government, the devolved administrations, and by the claimants?
Brexit and the European Institutions
Dr Michèle Finck (LSE Law)
A number of questions regarding the institutional relationship between the UK and the EU, as well as institutional relations within the EU, require attention as the negotiations under Article 50 TEU take place. This short overview focuses on the institutional dimensions of Brexit from the perspective of European Union law. It will first consider the institutional dimension of the Brexit negotiations, and subsequently ponder the implications that the United Kingdom’s withdrawal is likely to have on various European institutions.
Trade after Brexit
Professor Damian Chalmers (LSE Law)
Leaving the European Union has been characterised as potentially one of the greatest protectionist acts in the United Kingdom’s history. The European Union has intimated that any trading relationship must offer the United Kingdom significantly worse terms of trade than it currently enjoys. Alongside this, the United Kingdom has no ambition to be either part of the customs union or the single market. This would put it on the periphery of European trade. Only a few States from the former Soviet Union would enjoy worse terms than it.
Competition Law and Policy after Brexit
Dr Niamh Dunne (LSE Law)
Competition law and policy is an area where the EU legal framework has had a particularly significant impact on the evolution of UK law. The EU rules have functioned as both catalyst and model for the equivalent UK provisions, while the broader influence of EU competition law extends considerably beyond the confines of the field itself. This contribution reviews the likely impact of Brexit, following which UK competition law faces the prospect of being cut adrift from its foundational influences.
Brexit and the UK's Tech Industry
Dr Orla Lynskey (LSE Law)
The UK’s digital economy is currently growing at twice the rate of the wider economy, and now contributes an estimated £97 billion per annum to the economy. As such, the Prime Minister has singled growth in the technology industry as a priority for the UK after leaving the EU. Understanding the implications of Brexit for the tech industry requires us to think about the changes to the UK’s regulatory framework once EU law ceases to apply, and the constraints that EU law imposes even after Brexit.