lunedì 27 luglio 2015

sabato 25 luglio 2015

Jean Claude Piris on Brexit, CSF-SSSUP Working Paper 1/1025

Which Options Would Be Available to the United Kingdom in Case of a Withdrawal from the EU?

Jean Claude Piris 

CSF-SSSUP Working Paper No 1/2015 

Before the 8th of May 2015 parliamentary elections, the British Prime Minister, David Cameron, announced the holding of a referendum on the United Kingdom (UK)'s membership of the European Union (EU) to be held before the end of 2017, should his political party remain in power. As the elections gave a majority in the House of Commons to the Conservative Party, Mr Cameron confirmed that the referendum will be organised. At the date of writing, the Government's bill has already been approved and the question proposed to the Parliament is: "Should the United Kingdom remain a member of the European Union?" Moreover, the referendum could take place earlier than planned, possibly before the summer of 2016.

Paradoxically, the risk of a withdrawal is appearing at a time when the EU has been pushed by its Member States to evolve in directions which correspond to many of the European policy's objectives of the UK: the EU has been enlarged to many new Member States, without much strengthening of its institutions; there is more flexibility for Member States to participate or not in some policies; in particular, the UK managed to keep access to the internal market, despite getting several permanent opt-outs on other major policies (the euro, Schengen, criminal justice and police cooperation); national control of the Member States on foreign and defence policies has been carefully preserved; the UK has been able to keep (with others) its budget rebate; the EU is liberalising external trade; the Commission and the Council control the respect of the principle of subsidiarity better than they did in the past; finally, the Lisbon Treaty, which does not contain any federalist symbol, "even marks a halt to the hopes of the "federalists," and gives some powers to national Parliaments.

These results have not been reached only because of the UK, but the UK has certainly been, in particular because of the high quality of the British diplomats and senior civil servants, a very influential Member State in shaping the EU as it is today.

Thus, the possibility that the UK might withdraw from the EU, after more than 40 years of membership, still looks unreal to many people, but it has become less unrealistic.

Keywords: Brexit, UK, EU, Referendum, EU law

Full paper available at:

New Working Paper Series Centre for Studies on Federalism and Scuola Sant'Anna, Pisa

The Research Programme

The Scuola Sant’Anna di Pisa and the Centre for Studies on Federalism launched a new Research Programme on the issues related to federalism and global governance in a broad perspective but with a special focus on European law and politics. The Programme combines interactive activities (seminars and conferences) and a new Working Paper series.

Various stakeholders will be involved throughout the programme enhancing the academic approach with fresh and innovative inputs and views. The new Paper series will host contributions from both young academics and, advanced and well-established researchers as well as experts and professionals. The aim of the series is not only to enrich the academic debate but also to elaborate ideas and visions for policy-makers. The Programme will benefit from the broad experience of both the SSSUP and the CSF and it will continue to value a multidisciplinary approach attracting contributions from across an array of disciplines, including political science, international relations, international political economy, comparative, international and European law, political theory. Papers submitted will be peer reviewed and selected for publication according to their academic quality and their fit with the specific thematic focus of the Series.

This is a project made possible thanks to the financial support offered by Centre for Studies on Federalism and the Compagnia San Paolo, Torino. It is - above all - a ‘space’ where both young and experienced scholars can share a space and submit papers research through the supply of easily- accessible working papers.

Guidelines for submission

All working papers submitted undergo a double blind peer-review process. This project responds to a multi-disciplinary and pluralist perspective. This also reflects the spirit of DIRPOLIS (Law, Politics and Development) Institute.
The Working Paper Series does not adopt a particular style, and papers may be submitted in any recognised style consistently applied. The papers are published electronically and are available online or through email distribution. Published papers can still be submitted for reviews and journals.

More info at the following link:

giovedì 2 luglio 2015

International Society of Public Law (ICON·S) 2015 Conference on Public Law in an Uncertain World

Wednesday, July 1, 2015, 1:45-5:00 p.m.
Welcome and Opening remarks by Dean Trevor W. Morrison and University Professor Joseph H.H. Weiler

Keynote Address
“An Uncertain World: Charting Citizenship’s New Legal Terrain” by Ayelet Shachar, Professor of Law and Political Science at University of Toronto

Plenary Session on Secession and Federation

Neil Walker, Sidley Austin-Robert D. McLean Visiting Professor of Law, Yale Law
Vicki Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School
Chair: Gráinne de Burca, Florence Ellinwood Allen Professor of Law, NYU School of Law

Discussant: Sabino Cassese, emeritus justice of the Italian Constitutional Court