This handbook provides comprehensive and expert analysis of the impact of the Brexit process and the withdrawal of the United Kingdom from the European Union on existing and future EU-UK relations ...within the context of both EU and international law.
Examining the wider international law implications, it additionally assesses the complex legal consequences of Brexit for both the EU and the UK in their dealings with third states and other international organizations. With contributions from renowned specialists in the field of EU external action, each chapter will analyse specific policy areas to address key challenges arising from the Brexit process for the EU and the UK and propose solutions to overcome these problems. The handbook aims to fill a gap in research by assessing the consequences of Brexit under EU external relations law and international law. As such, it is hoped it will set the research agenda for coming years on the international dimension of Brexit.
The Routledge Handbook on the International Dimension of Brexit is an authoritative and essential reference text for scholars and students of international and European/EU law and policy, EU politics, and British politics and Brexit, as well as of key relevance to legal practitioners involved in Brexit, governments, policy-makers, civil society organizations, think tanks, practitioners, national parliaments and the Court of Justice.
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 985-1011 | Article | (Table of Contents) I. Introduction. – II. The establishment of the European Border and Coast ...Guard. – III. The enhancement of the Agency’s mandate. – III.1. The conferral of executive powers on the Agency’s staff. - III.2. The emergence of a supervisory role. – IV. Cooperation with third countries in the framework of the European Border and Coast Guard Regulation. – V. The implications of the extraterritorial Frontex joint operations. – V.1. The deployment of border management teams on the territory of third countries. – V.2. The delimitation of responsibilities between the actors involved in the operations. – V.3. Redress in case of fundamental rights breaches. – VI. Conclusions. | (Abstract) The aim of this Article is to examine the role played by Frontex in the process of externalisation of EU migration policies. It is not surprising that the external dimension of Frontex’s powers has been reinforced in the successive reforms of its legal framework. There is a common agreement between Member States on the need to intensify international cooperation with third countries in order to face current challenges in the area of migration. The deployment of border management teams on the territory of third countries raises complex legal and political questions as regards the legal regimen applicable and the delimitation of responsibilities between the different actors involved in the extraterritorial operations. The allegations of fundamental rights violations in which Frontex was reportedly involved in the Aegean Sea show that it will be very difficult to clarify the role of Frontex in any wrongdoing that will happen in the context of operations implemented on the territory of third countries.
Even though the Regulation on the European Border and Coast Guard (EBCG) has significantly reinforced the tasks conferred upon the Agency Frontex, these innovations do not entail a real ...transformation of its legal nature. The changes introduced in the configuration of the Agency cannot be qualified as revolutionary but more as a natural evolution in the process initiated in 2004 with the creation of Frontex. Also, the Regulation on the EBCG constantly repeats that the main responsability for the management of the external borders falls to the Member States. The establishment of the EBCG and the expansion of the powers of the Agency have generated many expectations. The risk is that the EBCG would not live up to these expectations in the future and the failures of the EBCG could lead to more frustration in civil society, ultimately increasing the lack of credibility in the EU if it is incapable of delivering satisfactory solutions to the challenges in border management that it will face in the coming years.
A pesar de que el Reglamento de la Guardia Europea de Fronteras y Costas (GEFC) ha reforzado significativamente las funciones conferidas a la Agencia Frontex, esta transformación no supone realmente que se haya producido una transformación en la naturaleza jurídica de la Agencia. Los cambios introducidos en la configuración de la Agencia no se podrían calificar de revolución, sino más bien de evolución natural en el proceso que se inició en 2004 con la creación de Frontex. Además, en el Reglamento de la GEFC se reitera constantemente que la responsabilidad principal en la gestión de las fronteras exteriores corresponde a los Estados miembros. El establecimiento de la GEFC y la expansión de los poderes de la Agencia han generado muchas expectativas. El riesgo es que estas expectativas no se vean plenamente satisfechas en el futuro y que se genere más frustración en la sociedad civil y aumente la falta de credibilidad de la UE si no es capaz de proporcionar soluciones satisfactorias ante los desafíos que se planteen en la gestión de las fronteras en los próximos años.
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 901-904 | Article | (Abstract) In recent years, the European Union (EU) has substantially intensified its ...activities directed at externalising border/migration management towards the territories of third countries. This specific model of EU migration management is often realized at the expense of democratic scrutiny, judicial supervision, transparency and, most importantly, the protection of human rights. It also entails unprecedented challenges for the legitimacy of the EU in its international projection. Currently, EU cooperation with third countries appears focused on advancing EU's own interests and thus subordinated to the objectives of alleviating pressure on its external borders and reception capacities. Such EU action purports to prevent, as close as possible to the point of departure, irregular arrivals to EU Member States' territories, to ensure effective returns/readmission and to transfer the burden of protection responsibilities. This Special Section, composed of five contributions, aims to assess the implications of the externalisation of EU migration policies for the EU constitutional principles and values, and to take stock of the latest developments in different concrete policy areas. Particular attention is devoted to analyzing compliance of externalisation practices with the requirements imposed by the EU constitutional framework, specifically with the principles and values that should guide Union's external conduct in this area of law.
Frontex and the eu Member States have been criticised for not carrying out sea surveillance operations coordinated by the Agency in full compliance with human rights obligations. While Frontex and ...the Member States are clearly obliged to respect human rights when carrying out maritime surveillance operations within their territorial waters and contiguous zone, the question is much more complex on the high seas and especially in the territorial waters of a third country. Therefore, the most problematic question in Frontex operations is the extraterritorial application of human rights obligations of the eu and its Member States. The aim of this paper is to determine to what extent Regulation 656/2014 has introduced a clear regulation of the interception and rescue operations coordinated by Frontex while at the same time fully respecting fundamental rights and, in particular, the principle of non-refoulement.
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The divergence of opinion between EU and international lawyers as to the consequences of the 'Kadi/Al Barakaat' judgment is likely to remain for the foreseeable future. While international lawyers ...focus their analysis on the constitutional role of the UN Charter in international law, EU lawyers seek to assert the autonomy and primacy of the EU treaties. The aim of this article is to analyse where the divergence between the two perspectives can be found. The judgment of the European Court of Justice cannot be interpreted as questioning the authority of the Security Council in discharging its duties for the maintenance of international peace and security. The consequences of the General Court's case-law as regards the EU autonomous list of terrorists should be borne in mind when faced with the implications of 'Kadi/Al Barakaat'. It is not justified that the level of protection to the individuals or entities affected by targeted sanctions should depend on the legal framework in which the restrictive measures have been adopted (UN or EU), or on the margin of discretion left to the EU Member States by the Security Council.
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This Article provides insights into the question of whether there is a tension between commonness and differentiation in EU policies, in particular post-Brexit. Brexit triggered new discussions on ...so-called differentiated integration (DI) in the European Union. Not only was Brexit perceived as a potential tool to take further integrative steps in certain policy areas, it also pointed to the idea that there is a risk in trying to force each and every Member State to follow the same pace. Hence, while part of the scholarship sees Brexit as a tragedy for the European integration process, others have pointed to possible advantages that would allow for further integration in certain areas. In any case, the present Special Section underlines that Brexit seems to have renewed the debate on the ways in which the EU Member States could proceed, together or in smaller groups. It takes stock of the DI possibilities in different concrete policy areas and highlights options and obstacles.
La sentencia del TJUE en el asunto Bank Refah Kargaran va a contribuir significativamente a reforzar la protección jurídica de los particulares en relación con las medidas restrictivas adoptadas por ...la UE. Por primera vez, el TJUE se ha declarado competente para conocer de los recursos que tienen por objeto obtener una indemnización por los perjuicios sufridos como consecuencia de la adopción de medidas restrictivas en el ámbito de la PESC. La sentencia Bank Refah Kargaran tiene profundas implicaciones constitucionales para el ordenamiento jurídico de la UE, ya que viene a confirmar que el rol del TJUE en la PESC no es tan limitado como aparentan los Tratados. Los actos jurídicos de la PESC no pueden ser considerados como instrumentos de naturaleza netamente intergubernamental que se mantienen al margen del control judicial. Los actos de la PESC han de ser interpretados en el marco de la estructura general de los Tratados, incluyendo el sistema general de recursos de la UE.
The Achmea case has generated much controversy and fierce criticism from investment lawyers and international law specialists. This Special Section takes such reaction as an invitation to investigate ...the premises and the impressive set of consequences inferred from the judgment, both for investment arbitration and the European integration process. But the Achmea judgment is not only about how EU law interacts with international investment law. The Court of Justice also deals with the constitutional foundations of the EU integration and strives to protect the European model of justice, organized as a system, from disintegrative forces.
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