Federico Fabbrini – författare

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe.The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and achallenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime.The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a ''neo-federal'' theory-which is able to frame the dilemmas of identity, equality andsupremacy behind the European multilevel architecture for the protection of human rights.

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe.The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and achallenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime.The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a ''neo-federal'' theory-which is able to frame the dilemmas of identity, equality andsupremacy behind the European multilevel architecture for the protection of human rights.

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini''s book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) therelations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves.The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear,however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balancebetween state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini''s book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) therelations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves.The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear,however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balancebetween state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treatyon the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance.This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as onthe status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, andEconomic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treatyon the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance.This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as onthe status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, andEconomic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book — which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawalagreement provisions on the protection of citizens'' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges thatthe implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book — which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawalagreement provisions on the protection of citizens'' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges thatthe implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As thebook argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-à-vis the UK,Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As thebook suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As thebook argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-à-vis the UK,Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As thebook suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement(WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differencesbetween the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement(WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differencesbetween the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

This book offers a comprehensive analysis of the new framework of relationship between the United Kingdom (UK) and the European Union (EU) applicable since 1st January 2021, following the end of the Brexit transition period and the entry into force of the EU-UK Trade & Cooperation Agreement (TCA), concluded on Christmas Eve 2020. The book contextualizes the new framework of EU-UK relations, including the ongoing challenges of implementing the Withdrawal Agreement (WA), and sheds light on the new mechanisms for EU-UK cooperation both in the economic domain including free movement of goods, financial services, and mobility of persons, and in the security domain including law enforcement, defence, and data protection. The work underlines the profound differences between the new status quo compared to the legal framework applicable when the UK was still an EU member state including end of free movement of persons, financial passporting, and cooperation in foreign affairs and defence, and reflects on what the latest stage in the Brexit process means for governance, sovereignty, and the future of European integration.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe.The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime.The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves.The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book -- which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawal agreement provisions on the protection of citizens' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

The book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to to create the legal framework for Brexit. The book -- which builds on a prior volume "The Law & Politics of Brexit" (OUP 2017) - overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019, and examines the key provisions of the Brexit deal. The volume assesses the withdrawal agreement provisions on the protection of citizens' rights, the Irish border and the financial settlement - as well as the governance provisions on transition, decision-making and adjudication, and the prospects for future EU-UK trade relations. Finally, the book reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British-Irish relations, as well as for the future of the EU beyond Brexit.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As the book argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As the book suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

Brexit represents a momentous event for the European Union, with important implications on the future of Europe. While most scholarly attention has focused on the Brexit process and its consequences for the United Kingdom, and UK-EU relations, Brexit has had important consequences also for the EU. This book examines how the EU has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. As the book argues, the UK withdrawal from the EU - the first ever case of disintegration since the start of the European integration process - creates an urgent need to reform the EU. In fact, while the EU institutions and its member states have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, examines its precedents and discusses its prospects. As the book suggests that, after Brexit, the initiative to launch a Conference on the Future of Europe is a necessary step to renew the EU and relaunch integration.

The explosion of the Covid-19 pandemic in February 2020 led to a paradigm change in the European Union architecture of economic governance. To mitigate the pandemic's damage, the EU established a Recovery Fund called 'Next Generation EU' (NGEU). Funded though resources raised on the financial markets, this special budget is worth 750bn€ at 2018 prices, which corresponds to 806,9bn€ at current prices. Disbursed to member states in the form of both loans and grants and to be repaid on a long-term basis through the introduction of new EU taxes, the NGEU has endowed the EU with borrowing, spending, and taxing powers. EU Fiscal Capacity: Legal Integration After Covid-19 and the War in Ukraine argues that the NGEU constiutes a profound overhaul in the EU architecture of economic governance. Moving away from the fiscal surveillance shown in response to the euro-crisis, the EU has adopted a strategy of fiscal federalism more akin to the United States. The return of war in Europe following 75 years of peace has caused yet more socio-economic damage for the EU. Occuring as Europe was slowly re-emerging from the pandemic, the war in Ukraine has disrupted supply chains, increased humanitarian assistance costs, and generated an energy crisis. Within the context of war, the limitations of the current EU constitutional arrangements have yet again been exposed. EU Fiscal Capacity argues that the EU needs to retain the NGEU as a permanent feature of EMU. The first book to analyse how the Covid-19 pandemic and the war in Ukraine have affected Europe's Economic & Monetary Union from an EU law and policy perspective, this book is a must read for policy makers and students of European law and politics alike.

The explosion of the Covid-19 pandemic in February 2020 led to a paradigm change in the European Union architecture of economic governance. To mitigate the pandemic's damage, the EU established a Recovery Fund called 'Next Generation EU' (NGEU). Funded though resources raised on the financial markets, this special budget is worth 750bn€ at 2018 prices, which corresponds to 806,9bn€ at current prices. Disbursed to member states in the form of both loans and grants and to be repaid on a long-term basis through the introduction of new EU taxes, the NGEU has endowed the EU with borrowing, spending, and taxing powers. EU Fiscal Capacity: Legal Integration After Covid-19 and the War in Ukraine argues that the NGEU constiutes a profound overhaul in the EU architecture of economic governance. Moving away from the fiscal surveillance shown in response to the euro-crisis, the EU has adopted a strategy of fiscal federalism more akin to the United States. The return of war in Europe following 75 years of peace has caused yet more socio-economic damage for the EU. Occuring as Europe was slowly re-emerging from the pandemic, the war in Ukraine has disrupted supply chains, increased humanitarian assistance costs, and generated an energy crisis. Within the context of war, the limitations of the current EU constitutional arrangements have yet again been exposed. EU Fiscal Capacity argues that the EU needs to retain the NGEU as a permanent feature of EMU. The first book to analyse how the Covid-19 pandemic and the war in Ukraine have affected Europe's Economic & Monetary Union from an EU law and policy perspective, this book is a must read for policy makers and students of European law and politics alike.

The explosion of the Covid-19 pandemic in February 2020 led to a paradigm change in the European Union architecture of economic governance. To mitigate the pandemic''s damage, the EU established a Recovery Fund called ''Next Generation EU'' (NGEU). Funded though resources raised on the financial markets, this special budget is worth 750bn€ at 2018 prices, which corresponds to 806,9bn€ at current prices. Disbursed to member states in the form of both loans and grants and to be repaid on a long-term basis through the introduction of new EU taxes, the NGEU has endowed the EU with borrowing, spending, and taxing powers. EU Fiscal Capacity: Legal Integration After Covid-19 and the War in Ukraine argues that the NGEU constiutes a profound overhaul in the EU architecture of economic governance. Moving away from the fiscal surveillance shown in response to the euro-crisis, the EU has adopted a strategy of fiscal federalism more akin to the United States. The return of war in Europe following 75 years of peace has caused yet more socio-economic damage for the EU. Occuring as Europe was slowly re-emerging from the pandemic, the war in Ukraine has disrupted supply chains, increased humanitarian assistance costs, and generated an energy crisis. Within the context of war, the limitations of the current EU constitutional arrangements have yet again been exposed. EU Fiscal Capacity argues that the EU needs to retain the NGEU as a permanent feature of EMU. The first book to analyse how the Covid-19 pandemic and the war in Ukraine have affected Europe''s Economic & Monetary Union from an EU law and policy perspective, this book is a must read for policy makers and students of European law and politics alike.