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Brexit and the Future of EU Politics / Immigration after Brexit: Ironies and Challenges
Brexit and the Future of EU Politics / Immigration after Brexit: Ironies and Challenges
Contents
Chapter
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Authors
Page
1–4
Titelei/Inhaltsverzeichnis
1–4
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5–14
Introduction
5–14
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15–130
Part I Constitutional Issues – Basic Concepts Revisited?
15–130
15–28
Sovereignty In The European Way. How the Euro Summit Came Into Being and Got Itself a Permanent President
Tom Eijsbouts
Tom Eijsbouts
15–28
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Abstract
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Introduction. Article 50 TEU
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Brexit: a miscarriage of democracy
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Sovereignty in general and in the context of EU
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Sovereignty as a notion: more than legal
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Creation of the Euro-summit and its permanent chair, Brussels, 25 March 2010
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Conclusion: suggestions for reading sovereignty and the EU constitution
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29–44
Brexit from the Perspective of EU Sovereignty. Some Comments on Tom Eijsbouts’ Contribution to this Book
Ana Maria Guerra Martins
Ana Maria Guerra Martins
29–44
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Abstract
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1 A Challenging and Inspiring Contribution but…
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2 Sovereignty of the European Union – a Risky Adventure?
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2.1 Inseparable link between sovereignty and State
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2.2 The EU’s challenges to the idea of sovereignty
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2.3 The EU Sovereignty Idea May Cause More Damages than Gains
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2.4 Other difficulties Raised by the Extension of the Concept of Sovereignty
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3 Denial of EU Sovereignty
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3.1 The evolution of EMU Governance denies the EU Sovereignty
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3.2 The reversibility of the UK decision of leaving the EU
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4 The Role of Sovereignty within the Negotiations of Brexit
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5 May EU Sovereignty emerge after Brexit?
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45–90
Differentiated Integration in Europe After Brexit: An Institutional Analysis
Giacinto della Cananea
Giacinto della Cananea
45–90
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Abstract
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I. Introduction
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II. Two Visions of Europe (I): An “Ever Closer Union”
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A. A Union of Peoples
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B. A Community of Destiny
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C. A Unitary Institutional Framework
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D. Flexibility Within Unity
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E. The Difficulties of this Vision of Europe
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III. Two Visions of Europe (II): A Wider and Looser Union
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A. A Broad Community of Nation-States
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B. A ‘Community of Interests’
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C. The Shift from Principles to ‘Values’
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D. From Transitional to Permanent Differences
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E. The Difficulties of this Vision of Europe
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IV. The Institutional Mechanisms of Differentiated Integration within the EU
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A. Clarity and Coherence
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B. No ‘Ever Closer’ Monetary Integration within the EMU
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C. Enhanced Cooperation: Nature, Rationale and Impact
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D. ‘Internal’ International Agreements: the Fiscal Compact
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E. Two-speed Europe: Concept and Issues
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F. A Synthesis
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V. Legal Mechanisms of Integration Beyond the EU
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A. A Single Market Beyond the Union: the European Economic Area
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B. Schengen’s Mixed Membership
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C. A Europe of Concentric Circles: a ‘Misleading Simple Idea’
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E. Implications for the post-Brexit Scenario
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VI. Conclusion
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91–100
The Future of the Protection of Fundamental Rights after Brexit
Jiří Zemánek
Jiří Zemánek
91–100
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Abstract
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I. Introduction
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II. The position of the EU charter in United Kingdom
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III. The relevance of the CFR for the areas of EU policies
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IV. Recent developments
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V. Conclusions
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101–130
Brexit – Exercise of Democracy or a Challenge to Democracy?
Ingolf Pernice
Ingolf Pernice
101–130
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Abstract
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Introduction
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I. The Brexit Process as an Exercise of Democracy
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A. The Cameron Strategy was democratic
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B. Advisory Referendum and Democracy
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C. The Terms of Article 50 TEU as an Expression of Democracy
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D. Stimulating democratic Processes in the EU
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II. The Brexit Process as a Challenge to Democracy
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A. Union Citizens who have made use of their fundamental Freedoms
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1. Decisions with no Voice for those affected
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2. The Principle of loyal Cooperation as a negotiation Guideline
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3. Exclusion of Nationals in other Member States from the Vote
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4. The European Parliament and the Union Citizens’ Rights
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5. Protection of acquired Rights by the Countries of Residence?
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B. Lies and Democracy
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1. Parliamentary Democracy and Systemic Lying: Trust and Distrust
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2. Direct Democracy: the Risks of irreversible Decisions
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C. ‘Advisory’ Referendum?
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D. Courts and Democracy
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III. Lessons learned: Democracy in the EU
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A. Lies have short Legs.
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B. Dynamics of Democracy: What if Brexit loses Support?
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C. Growing Awareness of the Externalities of national Politics
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D. People and Citizens of Member States acting as Citizens of the EU
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Conclusion
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131–198
Part II The Future of the Internal Market and its Social Dimension
131–198
131–144
Internal Market and Brexit
Paula Vaz Freire
Paula Vaz Freire
131–144
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Abstract
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I. Internal Market and the UK
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II. Economic Impacts of Brexit
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III. Legal Framework for UK’S ‘Access to the EU Single Market’
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IV. Financial Contribution
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Conclusive Remarks
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145–184
Brexit and EU Citizen’s Social Rights – the Commission v. United Kingdom [UK child benefit or child tax credit] and the CJEU case law on social rights
Rui Lanceiro
Rui Lanceiro
145–184
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Abstract
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I. Introduction: the current debate on non-national EU citizens social rights in a host State
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II. The Recent Evolution in CJEU Case-law on Access to Social Assistance Granted to Non-national EU Citizens
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III. The evolution of the case-law: the UK child benefit or child tax credit case
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IV. The evolution of the case-law after the UK child benefit or child tax credit case
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V. Critical Analysis
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185–198
Immigration after Brexit: Ironies and Challenges
Daniel Thym, Mattias Wendel
Daniel Thym, Mattias Wendel
185–198
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I. Introduction
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II. Immigration of Third Country Nationals: Reversed Dynamics
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A. Status Quo: Extended Opt-out
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B. Brexit: Loss of the Opt-in Option
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C. The Future: Reversed Dynamics
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III. British-Irish Border: The Search For Pragmatic Solutions
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A. Immigration and Border Controls
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B. Customs Controls and the so-called “Backstop”
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IV. EU Citizenship and Free Movement Of Persons
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A. Securing Citizens’ Rights
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B. Intra-European Mobility and Immigration After Brexit
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V. Conclusion
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199–276
Part III EU Policies – Perspectives of Cooperation with the UK
199–276
199–226
The Future of Monetary and Financial Policy after Brexit
Jean-Victor Louis
Jean-Victor Louis
199–226
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Abstract
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I. Introduction
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II. The more straightforward institutional consequences of the Brexit in monetary and financial matters
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III. The unchanged situation of both the UK, EU and national authorities in the international financial institutions and a future cooperation
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IV. The economic and social consequences for the UK
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V. The impact on the continental financial markets
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VI. Some short conclusive remarks
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227–234
Comments on Jean-Victor Louis
Stefan Griller
Stefan Griller
227–234
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Abstract
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Introductory Remarks
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I. On the Dynamics of EMU-participation and EMU-reform
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II. On the Importance of Commercial Presence on 31 October 2019
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III. On the Systemic Importance of Clearing Houses
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235–276
Common Foreign and Security Policy After Brexit
Maria José Rangel de Mesquita
Maria José Rangel de Mesquita
235–276
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Abstract
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I. Introductory remarks: External Action, Global Strategy and beyond
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A. The wider context: EU External Action and CFSP and CSDP within the CFSP
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B. The Global Strategy for the EU’s Foreign and Security Policy and follow-up: trends on the EU side
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II. Initiatives addressing CFSP and CSDP after Brexit: the EU and the UK perspectives
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A. The EU Perspective
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B. The UK perspective
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III. The Agreement on the Withdrawal of the UK from the European Union and the Common Foreign and Security Policy and the Political Declaration and ‘Foreign Policy, security and defence’
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A. The Agreement on the Withdrawal and the Common Foreign and Security Policy
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B. The Political Declaration and Foreign Policy, security and defence
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IV. Shaping a (possible) differentiated third state status in the field of CFSP, including CSDP
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A. Common grounds as a basis of the future EU-UK relationship
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B. Possible issues and forms of cooperation to be addressed
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277–278
List of Authors:
277–278
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Brexit and the Future of EU Politics , page 185 - 198
Immigration after Brexit: Ironies and Challenges
Autoren
Daniel Thym
Mattias Wendel
DOI
doi.org/10.5771/9783748903246-185
ISBN print: 978-3-8487-6208-8
ISBN online: 978-3-7489-0324-6
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