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Published byByron Shepherd Modified over 6 years ago
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Brexit: Constitutional Challenges and Implications
European Parliament Committee on Constitutional Affairs Prof Piet Eeckhout UCL Faculty of Laws
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Scope withdrawal agreement
Negotiating directives: “strictly necessary”; “horizontal competence”; no effect on distribution of competences Precarious distinction with future relations Withdrawal agreement also regulates future relationship; UK as third country Wide scope All-in-one? Dual legal basis with e.g. association agreements competence
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Institutions Commission & Council: standard negotiation/conclusion set-up Role EP: take-it/leave-it or suspensive effect? Role ECJ: scope for an Opinion – suspensive effect?
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Legal certainty – enforcement – dispute settlement
Incorporation in UK legislation & direct effect Role ECJ: unprecedented; operation? New dispute settlement mechanism: EFTA Court model? Preliminary rulings? Autonomy EU law?
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