Northern Ireland Legal Quarterly 2018-09-10T11:19:31+00:00 Mark Flear Open Journal Systems <p>The <em>Northern Ireland Legal Quarterly</em> is a legal research journal published quarterly by the School of Law at Queen's University Belfast.</p> <p>The journal is published four times a year by the School of Law, Queen's University Belfast. The journal considers prospective articles on all areas of law and from all methodologies. Articles become available on an open access basis one year after publication. If you are interested in submitting an article to the NILQ, please see our '<a href="">For authors</a>' section.</p> On the never-ending road to Brexit: perspectives for the European Union – introducing this special issue 2018-09-10T11:19:29+00:00 Dagmar Schiek <p>N/A</p> 2018-09-10T10:28:36+00:00 ##submission.copyrightStatement## Citizens of elsewhere, everywhere and . . . nowhere? Rethinking Union citizenship in light of Brexit 2018-09-10T11:19:29+00:00 Stephen Coutts <p><em>This article seeks to determine the extent to which the communitarian form of life expressed in the Brexit&nbsp;</em><em>vote is compatible with Union citizenship. It is argued that, amongst other things, Brexit expressed a desire&nbsp;</em><em>for a communitarian form of life, broadly speaking. Union citizenship is presented as a constitutionalised&nbsp;</em><em>transnational status embodying values of integration and autonomy and displaying certain cosmopolitan&nbsp;</em><em>features. Union citizenship thus conceived poses problems for a communitarian political community as&nbsp;</em><em>expressed in Brexit. The conclusion reflects on broader global trends in citizenship and on possible avenues&nbsp;</em><em>for the future direction of Union citizenship.</em></p> 2018-09-06T00:00:00+00:00 ##submission.copyrightStatement## Brexit and the security of the European project: citizenship and free movement as a case study 2018-09-10T11:19:30+00:00 Massimo Fichera <p><em>The article makes use of the notion of security as a heuristic device providing a descriptive and normative&nbsp;</em><em>conceptual framework for the purposes of interpreting the events associated with Brexit. It claims that&nbsp;</em><em>security can be identified as a meta-constitutional rationale of the European project. In particular, two&nbsp;</em><em>discourses of power (security and fundamental rights) have been constitutive of the process of European&nbsp;</em><em>polity-building, although they are characterised by ambiguities and contradictions. Brexit, and in particular&nbsp;</em><em>the complex issues relating to free movement and citizenship rights, confirms such contradictions and enables&nbsp;</em><em>us to consider more carefully the nature of the EU polity and the reasons underpinning its development. In&nbsp;</em><em>other words, security emerges at the same time as an opportunity for growth and as a threat for the European&nbsp;</em><em>project. The article suggests that, in order to safeguard EU integration, a move from a self-referential to a&nbsp;</em><em>heterarchical form of security is necessary.</em></p> 2018-09-06T00:00:00+00:00 ##submission.copyrightStatement## ‘Benefit tourism’ post-Brexit: tackling the ghost by more EU social engagement 2018-09-10T11:19:30+00:00 Konstanze von Papp <p><em>This article argues that welfare migration, although ill-defined and yet to be proven empirically, needs to be&nbsp;</em><em>addressed by the EU. The negative perception of immigration has given rise to anti-EU, nationalist&nbsp;</em><em>sentiment. Financial solidarity between EU citizens is subject to caveats, although there is hope for increased&nbsp;</em><em>solidarity between pro-EU citizens post-Brexit. The EU should foster this by introducing ‘associate&nbsp;</em><em>citizenship’. It can take guidance from the USA and provide for basic EU social standards while&nbsp;</em><em>guaranteeing free movement for the rich and the poor.</em></p> 2018-09-06T00:00:00+00:00 ##submission.copyrightStatement## The UK out, Social Europe in? Rethinking EU social integration in the wake of Brexit 2018-09-10T11:19:30+00:00 Konstantinos Alexandris Polomarkakis <p><em>This article considers the impact of Brexit on the future of Social Europe. Through recourse to key&nbsp;</em><em>moments in the history of European social integration, where Britain more often than not vehemently&nbsp;</em><em>opposed any coming together, its role as an important veto player in EU social policy-making is established.&nbsp;</em><em>With the UK set to leave the Union, the option for further social integration is no longer inconceivable. It&nbsp;</em><em>is featured as one of the possible scenarios in the Reflection Paper on the Social Dimension of Europe, and&nbsp;</em><em>recent developments, such as the European Pillar of Social Rights, together with its accompanying initiatives,&nbsp;</em><em>appear to lay the groundwork towards that. The article concludes that, although the realisation of Social&nbsp;</em><em>Europe is more likely post-Brexit, there are other Member States willing to take over the UK’s role and act&nbsp;</em><em>as veto players on their own terms.</em></p> 2018-09-06T00:00:00+00:00 ##submission.copyrightStatement## The consequences of Brexit for the labour market and employment law – challenges for the European Union from a Polish perspective 2018-09-10T11:19:30+00:00 Łukasz Pisarczyk <p><em>One of the most important problems arising from Brexit will concern labour law and the labour market –&nbsp;</em><em>specifically the future development of labour law at the European level, the situation in domestic labour&nbsp;</em><em>markets, and (as a consequence) changes in national legislations. At present, it is difficult to draw any precise&nbsp;</em><em>conclusions regarding the impact of Brexit; however, it is possible to identify some of the more likely&nbsp;</em><em>scenarios and consequences. There are substantial questions concerning: the future of EU law after Brexit&nbsp;</em><em>and how Brexit will affect British labour law; the situation of multinational labour law institutions&nbsp;</em><em>(e.g. European Works Councils), as well as the posting of workers. A lot depends on the final agreement&nbsp;</em><em>between the UK and the EU. A close economic partnership may enforce the maintenance of the most&nbsp;</em><em>important labour standards and mechanisms which are necessary to guarantee equilibrium between the&nbsp;</em><em>partners.</em></p> 2018-09-10T10:44:53+00:00 ##submission.copyrightStatement## EU environmental law and policy post-Brexit: models for engagement between the EU27 and the UK 2018-09-10T11:19:30+00:00 Roderic O'Gorman <p><em>The UK’s departure from the EU will have significant impact on the existing EU environmental protection&nbsp;</em><em>regimes. This article examines the possible options for the new relationship between the EU27 and the UK&nbsp;</em><em>and how the environment might be protected under this. This is done through an analysis of how&nbsp;</em><em>environmental law is dealt with under the EU’s existing relationship models with non-member states. These&nbsp;</em><em>models are examined in conjunction with the negotiating lines that have been set down by both the UK and&nbsp;</em><em>EU to see which is most politically feasible, and what impact it will have on how the EU protects the&nbsp;</em><em>environment.</em></p> 2018-09-06T00:00:00+00:00 ##submission.copyrightStatement## The EU’s role in policing the rule of law: reflections on recent Polish experience 2018-09-10T11:19:30+00:00 Robert Grzeszczak Stephen Terrett <p><em>Although Brexit has understandably been the primary focus of much recent EU-related discussion, it is not&nbsp;</em><em>the only threat to the EU’s long-term stability. The growing impact of populism has already influenced the&nbsp;</em><em>Brexit referendum result and an anti-liberal resurgence within the EU. Events in Poland have led to&nbsp;</em><em>criticism of the EU’s apparent impotence in counteracting governments determined to implement an antiliberal,&nbsp;</em><em>national-populist legislative agenda that threatens the rule of law. This article offers a critical&nbsp;</em><em>analysis of the mechanism contained in Article 7 TEU and the tools created by the European Commission&nbsp;</em><em>within its New Framework, viewed through the prism of escalating violations of the rule of law in Poland,&nbsp;</em><em>with particular focus on the destabilisation of the Constitutional Tribunal. It analyses whether such&nbsp;</em><em>criticisms are justified and, if so, whether a more robust framework for addressing anti-liberal populism is&nbsp;</em><em>required. We compare the EU’s evolution into an organisation that protects individual human rights with&nbsp;</em><em>its fledgling evolution into an organisation that seeks to police the rule of law. We argue that, in contrast to&nbsp;</em><em>its successful human rights evolution, the EU’s current efforts towards enforcing the rule of law give little&nbsp;</em><em>cause for optimism.</em></p> 2018-09-10T00:00:00+00:00 ##submission.copyrightStatement## Brexit on the island of Ireland: beyond unique circumstances 2018-09-10T11:19:31+00:00 Dagmar Schiek <p><em>This article offers an original analysis of Ireland’s and the UK’s common EU membership in the light of&nbsp;</em><em>Brexit, identifies socio-economic decline and threats to the functionality of the Good Friday Agreement as&nbsp;</em><em>decisive threats emanating from Brexit, and suggests that these can be counteracted by providing a&nbsp;</em><em>sustainable legal framework for hybridity of Northern Ireland in the categories of citizenship and territory,&nbsp;</em><em>as well as for deepening socio-economic and civic integration on the island of Ireland, alongside securing&nbsp;</em><em>antidiscrimination law in Northern Ireland. Instead of protecting these elements, the Draft Protocol on&nbsp;</em><em>Ireland/Northern Ireland to the EU–UK Draft Withdrawal Agreement sacrifices the indivisibility of the&nbsp;</em><em>Internal Market by limiting Northern Ireland’s access to markets in goods. Concise changes to the draft are&nbsp;</em><em>proposed to address these shortcomings and to secure participation of Northern Ireland’s representatives in&nbsp;</em><em>its implementation.</em></p> 2018-09-10T11:00:58+00:00 ##submission.copyrightStatement##