Category: Article

IN or OUT – WIN or LOSE? Who is really going to feel the Brexit?

by Anne Wesemann LLM European Union Law, PhD candidate (European Union Law) – University of Sussex; Lecturer in Law – The Open University

In the coming referendum on the UK’s membership to the EU, an undecided electorate will struggle to form an opinion. Both campaigns are doing a great job at confusing opinions with facts, claiming one official can speak for a whole nation, and both are taking a more or less educated guess regarding consequences for the UK.

We have read a lot about the views of members of the government, officials or former cabinet ministers. What is missing from the debate is an assessment of the consequences for the European Union. How do the then remaining members of the Union view the prospect of the UK’s exit? Who would be the real big loser, should Brexit become reality? Can it even have an impact on the relations to the USA? Continue reading “IN or OUT – WIN or LOSE? Who is really going to feel the Brexit?”

Effectiveness of the European Parliament as a Legislative Body: A Critical Analysis

Giulia Gentile, LLM in European Law, King’s College London 

Since its creation, the European Parliament (EUP) has been the subject of considerable debate. Originally established in 1951 as “Assembly”, this body was instituted as the legislator of the European Coal and Steel Community. However, before the entry into force of the Maastricht Treaty, the EUP could barely be compared to a legislative body, since its policy-making powers were extremely bounded.[1] This Treaty, indeed, assigned to the EUP enhanced legislative powers, further strengthened through the following European Treaties.[2] Nevertheless, although the EUP’s decision-making powers have significantly increased in the last twenty years, a deeper analysis shows that the EUP’s influence as a legislative body still have significant constraints. This paper will first analyse and assess the power of the EUP as a legislator in the ordinary procedure (OP) and its “deviation”, the informal bargaining (IB), the current main legislative processes in the EU.[3] Subsequently, a brief analysis of the potential EUP’s role in the UK’s renegotiation of its membership in the EU will provide further elements of reflection on EUP’s effectiveness as a legislative body.[4]

Continue reading “Effectiveness of the European Parliament as a Legislative Body: A Critical Analysis”

The European Union’s Counter-Terrorism Policy: clear-cut or counter-intuitive?

Lily Nowroz, LLB student, King’s College London 

In the wake of recent terror attacks throughout Europe, there appears to be an increasing demand for a unified stance by the European Union to demonstrate its condemnation of the acts. However, this demand is not entirely new, it is something that citizens of the EU have witnessed before. Ten years ago following the terror attacks of London, Madrid and events of 9/11, the Union appeared to be in a similar position as it is today, with an unclear manner of presenting a unified stance against the terrorist threat to the citizens of Europe. The EU is a system of poly-governance with an array of abilities and actors to adopt and implement certain policies if it desired. However, regarding its counter-terrorism policy, it has in no way reached its full potential in implementing such policies in an effective way. So what is it about the Union’s counter-terrorism policy that makes it so counter productive?

Continue reading “The European Union’s Counter-Terrorism Policy: clear-cut or counter-intuitive?”

‘Counting every sip of my whiskey?’ The CJEU rules on minimum alcohol price

Dr. Agne Limante, Research Fellow, Law Institute of Lithuania

 While most Europeans were buying presents and wine for Christmas eve, on 23 December 2015 the Court of Justice of the European Union delivered a long awaited judgment in Scotch Whisky Association case[1] which related to a plan of the Scottish government to introduce a minimum unit alcohol price. In short, the Court ruled that introducing a minimum unit alcohol price would breach EU law if other tax options exist.

Continue reading “‘Counting every sip of my whiskey?’ The CJEU rules on minimum alcohol price”

Dano and Alimanovic – the end of a social European Union

Giulia Barbone, LLB King’s College London

The judgments in Dano[1] and Alimanovic[2] have become landmarks for the contemporary understanding of Union citizenship and, thus, they must be fully understood. It is also important to note from the outset that this is not a political question as to whether or not economically inactive migrants should be entitled to social benefits. Indeed, those people who applaud the judgments purely on the basis of their political preference are closing their eyes to a much more troubling question: the CJEU has dramatically changed the legal meaning of Union citizenship without a legally sound justification. This is why the problem is not about being or not being on Ms Dano’s side. These judgments are about today’s legal content of Union citizenship and, for this purpose, political preferences should be kept aside.

Continue reading “Dano and Alimanovic – the end of a social European Union”