Should the UK leave the EU or consider an EEA relationship? A question of supremacy

Masterarbeit , 2014 , 58 Seiten , Note: B

Jura - Europarecht, Völkerrecht, Internationales Privatrecht

While the EU remains an attractive proposition for other European countries, such as the recent addition of Latvia as a Member State, the UK however does not regard Europe as a flourishing economy that it joined 40 years ago.

It is no secret that the euro-zone has suffered an economic crisis. This has lead to a lack of dynamism between Europe and the UK as countries that use the single currency are bound tighter together, leaving the British people insecure with regards to uncontrolled immigration issues and single EU market demands. Eurosceptics believe the UK should withdraw from the EU despite a lack of precedence for such an event. However, political leaders are of the opinion that the UK does not require to leave the EU but rather review the terms of EU relationship altogether.

This paper therefore contributes to the research of public international law by examining the issues surrounding the supremacy of the EU within the UK as a Member State, the withdrawal of the UK, with a view to its success and consequences/risks involved, the withdrawal process in terms of Article 50 of the Lisbon Treaty and the options available for the UK to continue its relationship with the EU or consider an EFTA or EEA relationship much to that of its counterparts such as Norway or to leave both the EU and the single market altogether, but attempt to recreate a free-trade relationship through bilateral agreements, similar to that of the Swiss model.

This research will therefore demonstrate the UK’s position as an EU member and the challenges the UK faces with regards to its stability and future as a country within the global financial economy.

Table of Contents

• Chapter 1. Introduction
• 1.1 Scope
• 1.2 Outcome
• Chapter 2. The role of EU, its purpose and effects on the UK's legal system
• 2.1 The EU - European Community - European Communities
• 2.2 The accession of the UK to the EU
• 2.3 Historical development of the European Community & European Community law
• 2.4 The nature of the EU
• 2.5 Supremacy of the EU
• 2.6 Supremacy of the EU over the UK
• Chapter 3. The EU assisted the UK for the better
• 3.1 EU supremacy assisted the UK for a greater and stronger EU internal market
• 3.2 The EU's effect on the UK
• 3.3 The procedure to withdraw from EU membership
• 3.4 The UK's Options
• 3.5 The effect of leaving the EU on businesses in the UK
• 3.5.1 Argument against the withdrawal of the UK
• 3.5.2 Argument for the withdrawal of the UK
• 3.5.3 An alternate option
• 3.5.4 Impact on the world
• Chapter 4. The separation of the UK from the EU
• 4.1 The withdrawal process
• 4.1.1 The EU and UK withdrawal agreement
• 4.1.2 Implementations of the withdrawal agreement in the UK
• 4.1.3 The rights of businesses and individuals – follow the Greenland example
• 4.1.4 The EFTA or EEA as an option
• 4.1.5 Define the EFTA & EEA
• 4.2 The Norwegian or Swiss model
• 4.2.1 Norwegian Model
• 4.2.2 Swiss Model
• 4.2.3 A renegotiation of terms
• 4.2.4 Conclusion

Objectives and Key Themes

This dissertation investigates the UK's relationship with the European Union, specifically exploring the potential for withdrawal and alternative models of engagement. It aims to analyze the legal implications of EU supremacy on the UK's legal system, the process of withdrawal, and the various options available for future relations. The study also assesses the potential economic and political consequences of different scenarios.

• EU supremacy and its impact on the UK's legal system
• The process of the UK's withdrawal from the EU
• The legal and economic implications of the UK leaving the EU
• Alternative models for the UK's relationship with the EU, such as the EEA or EFTA
• The potential consequences of the UK's withdrawal for businesses and individuals

Chapter Summaries

Chapter 1 introduces the scope and objectives of the dissertation, providing an overview of the research question and its relevance. Chapter 2 delves into the historical development of the EU and its impact on the UK's legal system. It examines the principle of EU supremacy and its implications for UK law. Chapter 3 explores the advantages and disadvantages of the UK's membership in the EU, considering the potential benefits and drawbacks of withdrawal. This chapter also analyzes the process of withdrawing from EU membership, outlining the key legal and procedural steps involved. Chapter 4 analyzes the different options available for the UK after leaving the EU, including the EFTA/EEA, the Norwegian model, and the Swiss model. It examines the potential implications of each model for the UK's economy, politics, and legal system.

Keywords

The key terms and concepts explored in this dissertation include EU supremacy, EEA relationship, EU member state, withdrawal, EFTA, and the Norwegian and Swiss models.

• Hochschule: The University of Liverpool (Liverpool Law School)
• Veranstaltung: Dissertation towards an LLM in International Business Law
• Note: B
• Autor: Pranushka Naidoo (Autor:in)
• Erscheinungsjahr: 2014
• Seiten: 58
• Katalognummer: V298325
• ISBN (eBook): 9783656948667
• ISBN (Buch): 9783656948674
• Sprache: Englisch
• Schlagworte: should