European Law

Objectives

The imminent departure of the UK from the EU raises several legal questions. This seminar will tackle some of the most pressing, such as citizens¿ rights after the withdrawal, the effects on trade agreements, the enforceability of the withdrawal agreement and the role of the Court of Justice of the EU after the withdrawal, the relationship between the withdrawal agreement and the future EU-UK agreement, or the development of the EU¿s Foreign and Security Policies without the UK.

General characterization

Code

24104

Credits

5

Responsible teacher

Francisco Maria Gil Fernandes Pereira Coutinho

Hours

Weekly - 2

Total - Available soon

Teaching language

English

Prerequisites

Available soon

Bibliography

¿apeta T (2016), ¿Brexit and the EU Constitutional Order: A Three Act Tragedy¿, Croatian Yearbook of European Law and Policy, 12, 1-23

Closa C (2016), ¿Interpreting Article 50: exit and voice and¿what about loyalty?¿, EUI Working Paper RSCAS 2016/71, available at http://cadmus.eui.eu/bitstream/handle/1814/44487/RSCAS_2016_71.pdf?sequence=1 (acedido a 12.06.2017)

Craig P (2016), ¿Brexit: A Drama in Six Acts¿, European Law Journal, 41, 4, 447-468

da Costa Cabral N, Renato Gonçalves J, Cunha Rodrigues N (Eds.) (2017) After Brexit: Consequences for the European Union, Palgrave Macmillan, London

Dougan M (2017) The UK After Brexit: Legal and Policy Challenges, Intersentia

Eeckout P e Frantziou E (2016), ¿Brexit and Article 50 TEU: A Constitutionalist Reading¿, UCL Working Paper, available at https://www.ucl.ac.uk/european-institute/brexit-article-50.pdf

Fabrinni F (2017) The Law & Politics of Brexit, Oxford University Press, Oxford

Friel RJ (2004), ¿Providing a Constitutional Framework for Withdrawal from the EU: Article 59 of the Draft European Constitution¿, International and Comparative Law Quaterly, 53, 407-428

Martill B, Staiger U (Eds.) (2018) Brexit and Beyond. Rethinking the Futures of Europe, University College London

Peers S (2017) Brexit: The Legal Framework for Withdrawal from the EU Or Renegotiation of EU Membership Hart Publishing

Pereira Coutinho F (2017) A caminho do Brexit ou do Breversal? A reversibilidade do processo de secessão de Estados-Membros na União Europeia¿, Nação e Defesa, 147, 39-60

Rieder C (2013), ¿The Withdrawal Clause of the Lisbon Treaty in the Light of EU Citizenship: Between Disintegration and Integration¿, Fordham International Law Journal, 37, 147-174

Tridimas T (2016), ¿Brexit Means Brexit. Article 50: An Endgame without and End?¿, King´s Law Journal, 27, 3, 297-313

Teaching method

Seminars presented by the professor and by students.

Evaluation method

The assessment will consist of a final report, in which the student should research and develop a relevant topic regarding Brexit.

Subject matter

In a referendum held on 23 June 2016, voters decided that the United Kingdom (UK) should leave the European Union (EU). The so-called Brexit (British Exit) is expected to happen in 2019 ¿ the critical date is October 31. That will be a dramatic moment for European integration, as it will be at odds with the Schuman¿s declaration functionalistic prophecy in 1950 that the United States of Europe would be only outcome of ¿concrete achievements¿ which would create a de facto solidarity between Europeans.

The withdrawal negotiations have been extremely difficult. Article 50 of the Treaty of the European Union grants the Member States a unilateral and unconditional right of withdrawal. The possibility of a hard Brexit (no deal) cannot - even in September 2019 ¿ be completely excluded. One thing seems certain: when Brexit finally unfolds the EU will be experiencing a ¿constitutional mutation¿ that may change its identity.

Programs

Programs where the course is taught: