Finding a Compromise for Tomorrow's Relations Between UE and UK
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Finding a Compromise for Tomorrow's Relations Between UE and UK

PAOLA MARIANI ANALYZES THE FUTURE OF BREXIT IN VIEW OF INTERNATIONAL AND EU LAW

Enlargement is the name of the process whereby countries join the European Union. It was thought to be irreversible. Then came Brexit. Paola Mariani devoted her most recent research activity to the United Kingdom withdrawal from the Union. In her book Lasciare l’Unione Europea: riflessioni giuridiche sul recesso nei giorni di Brexit (EGEA 2018), she analyzes the exit through the lens of international law and EU law, offering a systematic and original interpretation of the article 50 of the Treaty on European Union.
 
In the first case of interpretation of this same article by the Court of Justice (Andy Wightman MSP and others v Secretary of State for Exiting the EU), the advocate general Campos Sánchez-Bordona quoted, among other international academic contributions, the work of professor Mariani in support of the thesis to allow unilateral revocation of the notification of the intention to withdrawal.
 
In her article Brexit e il sistema di soluzione delle controversie nell’accordo di recesso dall’Unione europea: quale ruolo per la Corte di giustizia?, professor Mariani focuses on the role of the Court of Justice in resolving disputes between the UK and the EU during the transitional period that will last until 31 December 2020. “British prime minister Theresa May’s government put down some Brexit red lines including the end of the jurisdiction of the European Court of Justice. The greater the use of EU rules in relations with the UK, the less the possibility of excluding the Court from the dispute settlement system”.
 
In The Framework of Future Relations: Trade, a working paper that will be included in the collective work The Law and Politics of Brexit (Oxford University Press), Paola Mariani and Giorgio Sacerdoti explore the future of EU-UK trade relations. “The most sensitive issue is the re-establishment of a hard border between the Republic of Ireland and Northern Ireland. The stabilization of the relations between the ‘two Irelands’ took place along with the realization of the common market. The end of the free market could mean the resurgence of the conflict”. The future of trade relation between EU and UK is not written. It will be a compromise between the aspirations of the UK to conduct an independent trade policy and the aspirations of the EU to preserve the unity of its market.

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by Claudio Todesco

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