scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals Brexit: Benefits and Costs for the United Kingdom – Reflections for Observers in Europe

2018 ◽  
Vol 24 (2) ◽  
pp. 71-84
Author(s):  
Marian Żukowski ◽  
Monika Nowakowska
Keyword(s):  
United Kingdom ◽  
Negative Evaluation ◽  
British Society ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
Political Relations ◽  
History Of ◽  
The Uk ◽  
The Eu

The withdrawal of the United Kingdom from the EU structures creates a new chapter in the history of the European integration. For the first time, after several decades of steady and secure functioning of the EU, a split occurs. Lofty ideas about creation of strong, coherent, wealthier and safer Europe lose in the competition with economic indicators and the national interest of the United Kingdom. Brexit is an expression of the negative evaluation of the EU functioning by the British society. This opinion is grounded in difficulties of the EU with solving current economic, social and political problems of contemporary Europe, as well as in decreased cooperation among member states. The following most important reasons for Brexit should be mentioned: the uncontrolled inflow of immigrants, increased terror threat, loss of economic independence and national identity. It is also worth noticing the successful actions of right-wing politicians who used the situation to build their own vision of the state. Consequences of Brexit shall affect both the United Kingdom and the EU member states but also non-EU countries. They shall have political, economic and social dimensions. However, at the current stage of the negotiations, it is difficult to predict all effects of the decisions taken. According to analysts, the UK shall incur financial losses, competitiveness of economy will decline, GDP will go down, political relations with neighbour states will deteriorate. Brexit shall affect particularly these states which are close trade partners of the United Kingdom. Loss of the UK as one of the economic pillars of the EU shall influence the economic situation of the entire European Union. Brexit is also a crack in the EU image as an organization cherishing the values of solidarity and humanism. Individual interests of particular member states can be a contagious example.

Part III Prospectus Liability and Litigation, 26 United Kingdom

2020 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Eu Member States ◽  
The United Kingdom ◽  
Prospectus Liability ◽  
The Uk ◽  
The Eu

This chapter provides an overview of the relevant UK law. The timing of the coming into force in EU Member States of the Prospectus Regulation posed some problems of exposition of the law in the United Kingdom of liability for information in prospectuses. The date of the Regulation coming into force was when it was originally intended that the UK would leave the European Union. When the date for ‘Brexit’ was extended, the Regulation automatically came into force in accordance with orthodox EU and UK arrangements. However, after changing prime ministers, the date for Brexit became uncertain. Furthermore, there were questions as to whether the UK would leave pursuant to the negotiated Withdrawal Agreement or some other withdrawal agreement, or with no agreement with the EU (the ‘no deal’ scenario) at all. The chapter tries to address the various possible scenarios arising from these complications introduced by Brexit.

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

2020 ◽  
Author(s):  
Radovan Malachta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transitional Period ◽  
Mutual Trust ◽  
The European Union ◽  
Member States ◽  
International Convention ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Uk

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.

Member states will drive EU foreign policy

2018 ◽  
Keyword(s):  
Foreign Policy ◽  
United Kingdom ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Eu Foreign Policy ◽  
The United Kingdom ◽  
Policy Goals ◽  
National Defence ◽  
The Eu

Significance However, member states have the dominant foreign policy role in the EU. After Brexit, that will be France and Germany despite the United Kingdom insisting that it wants to maintain as close a relationship with the EU as possible. Impacts EU reformers will light on foreign policy as an area to drive forwarded integration. However, the EEAS lacks the competencies and institutional horsepower to be a force for integration. The strategic needs of the 27 post-Brexit EU members will be various, thus acting as a drag on integration. Smaller EU member states will see more advantage than larger ones in collectively pursuing foreign policy goals through Brussels. Larger member states will be unwilling to submit their national defence policies to greater EU authority.

Eastern EU members hedge bets after Brexit vote

2016 ◽  
Keyword(s):  
Member States ◽  
The Czech Republic ◽  
Content Type ◽  
Eu Member States ◽  
The United Kingdom ◽  
Key Factor ◽  
Migration Crisis ◽  
The Uk ◽  
Visegrad Group ◽  
The Eu

Subject Reactions to Brexit among eastern EU member states. Significance Leaders of the Visegrad Group (V4) of the Czech Republic, Hungary, Poland and Slovakia have called for a major institutional overhaul of the EU following the UK vote to leave the EU ('Brexit'). They singled out the EU's handling of the migration crisis as a key factor behind the 'Leave' victory in the UK referendum, and rejected calls from Brussels and several member states for closer integration, instead demanding that powers be repatriated to national capitals to restore citizens' trust and make the EU more democratically accountable. Impacts The V4 will seek to mend relations with Berlin, in the relatively favourable political constellation in Germany before the 2017 elections. V4 governments will aim to hold 'mini-lateral' consultations with the United Kingdom on the terms of its planned exit from the EU. Brexit will dominate Slovakia's EU presidency, with V4 coordinating their responses to help limit the negative fallout for the region.

Age Equality after the Employment Directive

2003 ◽  
Vol 10 (1) ◽  
pp. 9-38 ◽  
Author(s):  
Helen Meenan
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Age Discrimination ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
Life Course Approach ◽  
The Usa ◽  
The Individual ◽  
The Eu

This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.

scholarly journals The process of British integration with European Union

2017 ◽  
pp. 161-170
Author(s):  
Olha Samoilova
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Community ◽  
The State ◽  
The European Union ◽  
The United Kingdom ◽  
Leading Position ◽  
State Of Affairs ◽  
The Uk ◽  
The Eu

The relations with the United Kingdom of Great Britain and Northern Ireland are of the great importance for the European Union as well as for the United Kingdom, since the latter is dependent on the EU policies to some extent. As British nation has formally started the process of leaving the organization, it is important to investigate the process that led to the current state of affairs. To understand the current problem between sides, the history and process of establishing the relations should be studied. The problems appearing throughout the time still remain unresolved and prove the mutual interdependence and importance of their addressing for both the United Kingdom and the European Union. The article researches the main stages of British integration with the EU and their influence on the international relations within the European community. Since the first failed application to join the EEC in 1961 and later accession in 1973, the UK managed to occupy the leading position in the European Community with a number of beneficial rights. However, within the state the European integration provoked conflicts, i.e. between those who believe that Britain's future lies with Europe and those who believe it does not. In 1980-s the UK politicians stressed that the state paid a lot more into the EC budget than other members due to its relative lack of farms. The situation was worsened by J. Delors’ policy towards a more federal Europe and a single currency. T. Blair’s government was more European in its outlook than its predecessor, as he actively advocated the expansion of the European Union. However, Blair’s desire to get closer with the US dissatisfied Europeans. In 2011 D. Cameron became the first UK prime minister to veto a EU treaty. After winning reelection in May 2015, D. Cameron started the process of renegotiating the UK-EU relationship, putting on the list such issues as changes in migrant welfare payments, financial safeguards and easier ways for Britain to block EU regulations. On 23 June 2016 UK voters, inspired by Cameron, elected to withdraw from the European Union. The consequences of Brexit caused serious challenges the UK has to overcome in the nearest future.

scholarly journals Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej

2020 ◽  
Vol 6(161) ◽  
pp. 117-143
Author(s):  
Viktoria Serzhanova ◽  
Adrianna Kimla
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
New Order ◽  
Legal Analysis ◽  
The European Union ◽  
Whole Process ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
The Eu

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.

Brexit and the Future of the European Union

2020 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

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