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UK withdrawal from the European Union: Legal and procedural issues

27-03-2017

Following the United Kingdom's referendum in June 2016, which delivered a majority vote in favour of the country leaving the European Union, a period of uncertainty has begun for both the UK and the EU. Although the process of withdrawing from the EU is outlined by Article 50 of the Treaty on European Union, a number of issues remain unclear in practice, all the more so since there is no precedent of a Member State withdrawing from the Union. This in-depth analysis considers the legal and procedural ...

Following the United Kingdom's referendum in June 2016, which delivered a majority vote in favour of the country leaving the European Union, a period of uncertainty has begun for both the UK and the EU. Although the process of withdrawing from the EU is outlined by Article 50 of the Treaty on European Union, a number of issues remain unclear in practice, all the more so since there is no precedent of a Member State withdrawing from the Union. This in-depth analysis considers the legal and procedural issues surrounding UK withdrawal, focusing in particular on the formal exit process under Article 50 TEU and the EU institutions' preparations for negotiations. It also sets out some possible templates for future EU-UK relations, as well as the details of existing frameworks for cooperation between the EU and third countries.

European Border and Coast Guard system

14-10-2016

In December 2015, the European Commission proposed setting up a European Border and Coast Guard System (EBCGS), building on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU (Frontex). The proposal would introduce a supervisory role and a 'right to intervene' in situations at the border requiring urgent action; expand Frontex's operational tasks and its prerogatives on processing personal data; and reinforce fundamental rights ...

In December 2015, the European Commission proposed setting up a European Border and Coast Guard System (EBCGS), building on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU (Frontex). The proposal would introduce a supervisory role and a 'right to intervene' in situations at the border requiring urgent action; expand Frontex's operational tasks and its prerogatives on processing personal data; and reinforce fundamental rights and transparency safeguards. Commentators and stakeholders had raised concerns on respect for fundamental rights, division of competences between the EU and Member States and the adequacy of the suggested individual complaint mechanism. The text agreed by the EP and Council expands the Agency’s prerogatives on return operations, on migration management, the fight against cross-border crimes, and search and rescue operations. Fundamental rights safeguards and the Agency’s accountability vis-à-vis the EP and Council have been strengthened. If a Member State opposes a Council decision to provide assistance, putting the Schengen area at risk, other EU countries may temporarily reintroduce internal border controls. With the regulation signed on 14 September, the new European Border and Coast Guard was launched on 6 October 2016. This updates an earlier edition, of 30 August 2016: PE 586.647.

Fundamental Rights in the European Union: The role of the Charter after the Lisbon Treaty

27-03-2015

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force ...

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force of the Lisbon Treaty, these principles have also been expressly laid down in the Treaties and in the Charter of Fundamental Rights. Being part of the body of EU constitutional rules and principles, the Charter is binding upon the EU institutions when adopting new measures, as well as for Member States during implementation. The Charter is the point of reference, not only for the Court of Justice, but also for the EU legislature, especially when EU legislation gives specific expression to fundamental rights. Moreover, fundamental rights are also of relevance for EU legislation covering all the other areas of Union competence.

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