10 August 2018
Brexit: The Legal Process and its Implications for the UK and the EU
The UK has long been seen as a 'semi-detached' member of the EU. It joined the EEC late and has been seen as disengaged from some of the political elements of the EU project. Politically, the Brexit referendum divided the UK down the middle. London, Scotland and Northern Ireland, together with several major cities, voted to remain. Younger and better educated voters voted to remain, older and less well educated voted to leave. In many cases, while the adverse impact of 'uncontrolled' immigration was said to be a key factor, those districts with high numbers of migrants voted to remain and those with low numbers voted to leave. The UK has an essentially political rather than a legal constitution and the Conservative government, although containing a majority of members who campaigned to remain, committed itself to implementing Brexit as an inescapable political imperative. They seemed to largely ignore the impact of Brexit on the EU as a whole and politically the EU27 reacted by demanding that the UK receive no concessions, partly as just desserts for its 'desertion' and partly to ensure that there would be no emulation by Eurosceptic populists in other states.
This course seeks to go behind the politics and explore the legal implications. In the UK it has proved necessary to litigate whether it is the Government, acting under the Royal prerogative, or Parliament, as the generally accepted sovereign power in the state, which can implement the notification under Art 50 TEU, and also the extent to which Parliament must approve the terms of a Brexit treaty. This in turn has raised major issues relating to the effectiveness of the UK's constitution and whether it respects the rule of law. In the EU, there are legal issues over the direct effect of Art 20 TFEU which confers EU citizenship and how effect can be given to the post-Brexit arrangements.
This course will critically examine the relevant UK and EU case law and also subject the statements of EU officials and Member State authorities to a critical legal analysis. This is a key area of interface between political and legal norms and standards.
Associate Professor in Legal Education
Nottingham Law School
Nottingham Trent University
Bachelor, Advanced Bachelor, Master. This course is designed for students of EU law, comparative constitutional law, politics and international relations in the context of Europe and the EU. Students should have studied a standard basic course in the law and institutions of the EU; Their study programme needs to be in the context of a law; politics; international relations or equivalent degree.
Familiarity with the basics of comparative constitutional law will be an advantage, but is not a requirement.
After this course you are able to:
1. Explain the legal implications of Brexit for the UK
2. Explain the legal implications of Brexit for the EU
3. Critically analyse the interface between the political and legal issues related to Brexit
EUR 600: The fee includes the registration fees, course materials, access to library and IT facilities, coffee/tea, lunch, and a number of social activities.
We offer several reduced fees:
€ 540 early bird discount- deadline 1 April 2018 (10%)
€ 510 partner + RU discount (15%)
€ 450 early bird + partner + RU discount (25%)