Brexit and the Re-Making of British Foreign Policy
Brexit Transitional Arrangements: Legal and Political Considerations
Piet Eeckhout and Oliver Patel
The first in a new series of European Institute Brexit Insights, this paper authored by Piet Eeckhout and Oliver Patel assesses the different options for the post-Brexit transition. The paper explores each option in detail, considering how it could be achieved in practice, what the salient legal and policy implications are, and whether it is politically feasible.
A shorter version of this paper was published in The Guardian.
Environmental Accountability of Government after Brexit
In this paper, Maria Lee, Professor of Law and Vice-Dean at the UCL Faculty of Laws, analyses the impact of Brexit on the UK environment. With environmental standards and accountability profoundly shaped by EU legislation and policy, it shows that even the very softest of Brexits will expose gaps in the UK’s governance framework. An independent, expert and adequately resourced body will be needed after Brexit to replace the EU’s role in scrutinising the government’s performance and holding it to account on environmental matters.
Brexit and the issues facing UK higher education
July 2017, 2 pages
UK higher education is about to experience a period of turbulence, as the consequences of the UK leaving the EU become clearer. Higher education institutions are bracing themselves for what will no doubt be a period of substantial change, uncertainty and challenge, but also opportunity. This briefing outlines some of the consequences of Brexit for UK higher education institutions.
Investment Policy Post-Brexit: Treaty Obligations vs. Bottom-Up Reforms
July 2017, 18 pages
Although the competence to negotiate investment protection treaties was partially delegated to the EU with the Lisbon Treaty, Brexit is likely to put the competence back in the hands of Whitehall. This raises two questions. First, what should the British government do with its existing stock of bilateral investment treaties (BITs)? And second, how should the UK approach negotiation of new investment treaties? Dr Lauge Poulsen, Senior Lecturer in the UCL School of Public Policy, examines the future of British investment policy after Brexit.
The Process of Brexit: What Comes Next?
Brexit and Article 50 TEU: A Constitutionalist Reading
While currently under intense scrutiny from the perspective of UK constitutional law, the key terms and aspects of Article 50 itself have received less attention. Yet once the withdrawal process commences, it will also, and crucially so, be governed by the law of the European Union. The working paper argues that the withdrawal needs to be compliant with EU constitutional law, if the EU is to preserve its character as a supranational order that creates rights and obligations for institutions, Member States and private persons.
Brexit: Constitutional and Legal Requirements
Daniella Lock and Oliver Patel
August 2016, 5 pages
This paper analyses the constitutional and legal requirements of Brexit, assessing the role of Parliament in the withdrawal process. It also gives an overview of the debate regarding Article 50 and parliamentary approval.
Brexit: The Consequences for Other EU Member States
Oliver Patel and Alan Renwick
June 2016, 5 pages
This paper focuses on the political and constitutional implications of Brexit for other EU member states. It focuses on the respective negotiating stances of various states, as well as the long-term impact of Brexit across Europe. There is also a case study on the impact of Brexit on Ireland.
Brexit: The Consequences for Devolution and the Union
Robert Hazell and Alan Renwick
June 2016, 5 pages
This paper discusses the consequences of Brexit for Devolution and the Union. It suggests that the process of withdrawal could be complicated by devolution and have profound constitutional implications for the Union. In the long-term, it could increase the scope for policy implications between the nations, and for differentiated relationships with the EU.
A Short Handbook of Brexit Fallacies
June 2016, 5 pages
This paper analyses how in the EU referendum campaign, facts needed to be fitted into a bigger picture to allow individuals to make responsible voting choices. Deciding to leave or remain in the EU required estimating the possible consequences of the choice. Estimating consequences requires a chain of reasoning. And reasoning always involves the danger of fallacies. Fallacies can lead even thoughtful people from factual truths to false conclusions. This note explores the role fallacies played in the debate in five keys areas: the economy, regulation, migration, sovereignty and security.
Brexit and Energy: Cost, Security and Climate Policy Implications
Michael Grubb and Stephen Tindale
May 2016, 5 pages
This paper analyses the implications of Brexit for the UK’s energy sector. Despite significant uncertainties, the experience of other non-EU countries and the UK’s past role in EU discussions allow broad predictions of the consequences for UK energy operations and trade.
Brexit: The Consequences for the EU’s Political System
Christine Reh and Oliver Patel
May 2016, 5 pages
How would Brussels manage the negotiation process, constitutionally and politically? What would be the short-term institutional consequences of Brexit for the UK’s MEPs, the 2017 UK Presidency, and voting rights in the Council of Ministers? In the long run, how would Brexit impact on the balance of power between member states in the EU’s policy-process?
The Constitutional Consequences of Brexit: Whitehall and Westminster
Nicholas Wright and Oliver Patel
April 2016, 5 pages
This briefing paper focuses on the impact of Brexit upon Whitehall and Westminster. It asks:
– How will the Brexit withdrawal process affect Whitehall and Westminster?
– How would Whitehall and Westminster change in the long term after withdrawal?