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21. Revisited: What would ‘trading on WTO terms’ mean?

Author:
Catherine Barnard and Anand Menon
Publication Date:
05-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Whether it is because of fishing rights, financial services, the EU’s insistence that the UK adhere to its level playing field, governance demands, or simply running out of time, it is far from clear that a trade deal will be successfully negotiated and approved by the end of 2020. As a consequence, the notion of the UK trading with the EU ‘on WTO terms’ has resurfaced. We have produced this report to explain what the WTO is and what trading on WTO terms actually means legally and practically. It updates an earlier version published in 2018.
Topic:
European Union, Constitution, Economy, Brexit, Trade, and WTO
Political Geography:
United Kingdom and Europe

22. Brexit: what next?

Author:
Anand Menon
Publication Date:
02-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The UK has finally left the European Union. Brexit has happened. However, what promises to be a long and complex process of dealing with its implications is only just beginning. Given this, we thought it was worth trying to take stock of where we’ve got to, and to look forward to the challenges that confront us moving forward. Social science has as much, if not more, to offer in phase two as it did in phase one.
Topic:
European Union, Constitution, Economy, and Brexit
Political Geography:
United Kingdom and Europe

23. Pushing the EU to a Hamiltonian Moment: Germany’s Court Ruling and the Need to Build a Fiscal Capacity Force a Constitutional Debate

Author:
Daniela Schwarzer and Shahin Vallée
Publication Date:
05-2020
Content Type:
Special Report
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The recent ruling of the German Constitutional Court on the ECB was an economic and political bombshell. The deep controversy that resulted – within Germany and on a European scale – illustrates that the ambiguity surrounding the euro area’s legal order and architecture may have reached its limit. The ruling, combined with the plan to build a fiscal capacity to address the economic consequences of the coronavirus crisis, presents the EU with an important opportunity to complete and solidify the euro area.
Topic:
European Union, Constitution, Economy, Fiscal Policy, and Judiciary
Political Geography:
Europe and Germany

24. Political Process, Crisis and Legitimacy in Poland

Author:
Hector Calleros
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.
Topic:
Politics, Democracy, Constitution, Legitimacy, and Justice
Political Geography:
Europe and Poland

25. Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author:
Małgorzata Babula
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The modern world is opening up to a series of innovations, differences and broad- ly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above con- tain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self ”. Created by history, absorbing presence, citizen- ship is an important element of our affiliation to the country, to culture and to the values hid- den behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.
Topic:
Law, Constitution, Citizenship, Civil Rights, and Domestic Policy
Political Geography:
Europe and Poland

26. Brexit and Renewables in Scotland

Author:
Nicola McEwen, Aileen McHarg, Fiona Munro, Paul Cairney, Karen Turner, and Antonios Katris
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
UK in a Changing Europe, King's College London
Abstract:
This briefing paper considers the extent to which renewables in Scotland are shaped by the policy responsibilities and decisions of multiple governments: the Scottish government, the UK government and the EU. The paper explores the significance of EU membership in shaping Scottish renewables and considers the likely effects of the UK’s exit from the EU. Despite limited constitutional power, promoting renewables has been a key priority for successive Scottish governments, central to both its environmental and economic policies. While the main policy drivers rest with the UK government, stakeholders in Scotland place importance on the EU regulatory framework, EU funding and finance, multinational cooperation and long-term strategic thinking in supporting the development of renewables in Scotland. The briefing identifies varying levels of concern among key stakeholders with regard to the impact that Brexit may have on renewables in Scotland. Many expect policy continuity, irrespective of the UK-EU relationship. Others are fearful of the uncertainty surrounding access to the EU internal market, access to project funding, access to labour and expertise, and added costs and delays in supply chains in an industry heavily reliant on kit from the EU. The biggest impact of Brexit to date has been the dominance of the issue on the political agenda, leaving little space for policy development in other areas, including energy. In addition to the regulatory, financial and trade challenges it may generate, Brexit has also reignited the debate on Scotland’s constitutional future, creating further uncertainties for the future of renewables.
Topic:
Government, European Union, Constitution, Brexit, and Renewable Energy
Political Geography:
United Kingdom, Europe, and Scotland

27. The future of our shared island: a paper on the logistical and legal questions surrounding referendums on Irish unity

Author:
Colin Harvey
Publication Date:
02-2019
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The debate on Irish Unity has intensified. Brexit is only one part of this, as more people question the merits of the existing constitutional arrangements. The focus is now shifting to constitutional conversations about how the island is shared in the future, and the timeframe for what is often referred to as a “border poll”. The difficulty remains that there are several unanswered questions about the process, as many interventions understandably concentrate on the merits of this option. We believe that the debate around the referendums must be normalised as momentum builds towards setting out a precise timeframe. In this paper our intention is to examine logistical and legal questions that have thus far been neglected. This paper is therefore drafted with two principal considerations in mind: How can referendums on Irish unity be achieved? How can they be won?
Topic:
European Union, Constitution, Brexit, and Referendum
Political Geography:
United Kingdom, Europe, Ireland, and Northern Ireland

28. A national recovery programme for languages

Author:
Nia Griffith, Baroness Coussins, David Amess, Tonia Antoniazzi, Lord Dykes, and Baroness Garden of Frognal
Publication Date:
03-2019
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The case for languages is compelling and urgent. The UK’s languages deficit is holding us back economically, socially and culturally. But the UK is in a languages crisis. The All-Party Parliamentary Group on Modern Languages calls on Government, civil society and all stakeholders to act now, to reverse this national crisis.
Topic:
Politics, European Union, Constitution, Economy, Language, and Society
Political Geography:
United Kingdom and Europe

29. Electoral Rights and Intellectual Disability: Considerations de lege lata

Author:
Małgorzata Babula
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabili- ties provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solu- tions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.
Topic:
Intelligence, Elections, Constitution, Discrimination, Disability, and Political Rights
Political Geography:
Europe, Eastern Europe, Poland, and Central Europe

30. American Constitutional Theory and History: Implications for European Constitutionalism

Author:
Roger Pilon
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
It is perhaps not impertinent to suggest that American constitutional theory and history, owing to the longevity of the document that is their subject, hold lessons for constitutionalism everywhere, but especially for European constitutionalism—the more recent and ever evolving treaties that serve as a “Constitutional Charter” for the European Union. An American constitutionalist looking east today, seeing everything from Brexit to Grexit plus the reactions in European capitals, must be struck by the tension in the EU between exclusion and inclusion in its many forms, including individualism and collectivism. Those themes underpin my discussion here. The issues surrounding them are universal. They are at the heart of the human condition.
Topic:
Markets, History, European Union, and Constitution
Political Geography:
Europe, North America, and United States of America