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Could Brexit be void, and article 50 notification annulled, because of illegality and irregularity in the vote? This paper discusses the implications of three major reports issued in July 2018. First, the Electoral Commission found that ‘Vote Leave' officials were guilty of criminal offences...
Persistent link: https://www.econbiz.de/10012898488
Persistent link: https://www.econbiz.de/10012897283
In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...
Persistent link: https://www.econbiz.de/10014067634
The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain....
Persistent link: https://www.econbiz.de/10012907393
In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...
Persistent link: https://www.econbiz.de/10013085451
Tensions between the EU’s legal order and the international investment law regime are not exclusive to the Brexit era, but they certainly gained momentum in the aftermath of this referendum. By incautiously declaring that the UK will remain a party to the Unified Patent System regardless of...
Persistent link: https://www.econbiz.de/10014032315
The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...
Persistent link: https://www.econbiz.de/10013305734
In theory, exit from Brexit will free the United Kingdom from the constraints and burdens of EU membership. It will transfer sovereignty back to the people from the technocratic rule of Brussels; replace the jurisprudence of the Court of Justice with the adjudicative power of national courts;...
Persistent link: https://www.econbiz.de/10014120478
In a referendum held in the UK on 23 June 2016, 51.9% of the participating electorate voted to leave the European Union. The number of legal questions raised by the referendum are breathtaking. This article tackles two of them: it discusses questions of UK constitutional law involved in deciding...
Persistent link: https://www.econbiz.de/10012985030
The present paper contains a brief presentation and analysis, in a historical perspective through the lens of the recent major crises, of the legal framework governing the European Economic and Monetary Union (EMU), as well as current developments and challenges ahead. It is structured in three...
Persistent link: https://www.econbiz.de/10014077291