Ideas on Europe

Informed analysis, comment and debate

Category Archives: Law & Justice

Who made the decision to leave the EU?

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So, here’s THE key question: Who made the decision for the UK to leave the EU? It wasn’t the referendum. The referendum, as agreed by Parliament, was advisory only and not legally capable of making any decision. This was confirmed by the Supreme Court, who also ruled that the decision to leave the EU had to be taken by […]

Trading ambition for cooperation: What’s next for the Eastern Partnership?

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The European Neighbourhood Policy and its Eastern Partnership are key strategic policy frameworks for European Union external action. However, after little effective transformation and many unanticipated consequences, the EU admitted in 2015 that its once prized policy was overly ambitious. In response, it was scaled back to an incentivized reward mechanism for good government behavior, […]

Reform #4: State

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Introduction The reforms previously introduced aimed to construct a solid political and fiscal union upon enlightened ideological foundations (see Enlightened Europism), creating strong frames for the Republic of the United Europe (or RUE) to introduce a fair and just social system by redefining the role and authority of the state. The capitalist state – mainly […]

Some useful legal concepts for understanding the TCA/WA

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As I mentioned last week, the focus so far on the Trade & Cooperation Agreement (and, to a lesser extent, the Withdrawal Agreement) has been on the legal aspects. Part of that has been driven by the growing realisation among non-legal scholars (like me) that there’s not merely a need to read the fine print […]

Europe chooses Digital Sovereignty. What about Ukraine?

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In mid-December the European Commission announced two draft laws on the regulation of the IT market. The Digital Services Act and the Digital Markets Act are intended to limit the influence of global Internet companies in the EU. European officials define these initiatives as a tool that can ensure fair competition in the European IT […]

Brexit: The cold waters between Canada and Norway

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The UK’s push for the frictionless market of the Norway option, while accepting only the obligations of the Canada option, was not viable. It was a delusion, either due to ignorance or self-deception. The UK never had the same vision of the EU as the other Member States. A main reason for the UK’s accession […]

Reform #1: Suffrage

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Introduction Today’s modern European democracy grants every adult citizen – regardless of race, gender, social status, wealth, or education – the right to vote in the form of universal suffrage. The right to vote (or active suffrage) is not to be taken for granted, as until the second half of the twentieth century not all […]

Does the promotion of LGBTI human rights cause the politicization of International Development Partnerships?

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In the last decade, a number of European donors, including the EU, has framed their development policy within a human rights-based approach. Donors have also increasingly been willing to sanction their partners for non-compliance with human rights. Recently, the promotion of LGBTI human rights have been subsumed in several donors’ development policies. The EU, for […]

25 years later, the multifaceted legacy of the Bosman ruling

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Not many decisions taken by the European Court of Justice make it beyond the nerdish    case law debates relished by our law colleagues at the UACES conference. True, a few directives make the mainstream news headlines, going as far as to impact major votes, just ask Frits Bolkestein. But, certainly, a simple ruling that triggers […]

The gap

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Is there really something so exceptional and special about Britain that makes the requirements of our country so different to all the other countries of Europe? British newspapers have today referred to the gap between the UK and the EU, mostly relating to the issue of sovereignty. But really, this is not about a gap […]

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