The Law & Politics of 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.

Federico Fabbrini is Full Professor of European Law at the School of Law & Government, Dublin City University. He holds a B.A. in European & Transnational Legal Studies from the University of Trento (2006), a J.D. in International Law from the University of Bologna (2008) and Ph.D. in Law from the European University Institute (2012). He interned as a clerk for Justice Sabino Cassese at the Italian Constitutional Court (2010-2011) and qualified for the bar exam in Italy (2011). Before joining iCourts, he was Associate Professor of European & International Law at iCourts (the Center of Excellence for International Courts) at the Faculty of Law of the University of Copenhagen, in Denmark, and Assistant Professor of European & Comparative Constitutional Law at Tilburg Law School, in the Netherlands,where he was awarded tenure.

- 1: Federico Fabbrini: Introduction - Part 1: Brexit: Politics, Process and Prospects - 2: Kalypso Nicolaïdis: The Political Mantra: Brexit, Control and the Transformation of the European Order - 3: Paul Craig: The Process: Brexit and the Anatomy of Article 50 - 4: Giorgio Sacerdoti: The Prospects: The UK Trade Regime with the EU and the World: Options and Constraints Post-Brexit - Part 2: Brexit and Constitutional Change in Regional Perspective - 5: Stephen Tierney: Brexit and the English Question - 6: Sionaidh Douglas-Scott: Brexit and the Scottish Question - 7: John Doyle and Eileen Connolly: Brexit and the Northern Irish Question - Part 3: Brexit and Constitutional Change in European Perspective - 8: Michele Chang: Brexit and the EU Economic and Monetary Union: From EMU Outsider to Instigator - 9: Deirdre Curtin: Brexit and the EU Area of Freedom, Security and Justice: Bespoke Bits and Pieces - 10: Catherine Barnard: Brexit and the EU Internal Market - Part 4: Beyond Brexit: Relaunching the EU? - 11: Marlene Wind: Brexit and Euroscepticism: Will 'Leaving Europe' be Emulated Elsewhere? - 12: Uwe Puetter: Brexit and the EU Institutional Balance: How Member States and Institutions Adapt Decision-Making - 13: Federico Fabbrini: Brexit and EU Treaty Reform: A Window of Opportunity for Constitutional Change