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European Papers - A Journal on Law and Integration, 2021 6(1), 785-799, I. Introduction. - II. A complex legal structure including a Trade and Cooperation Agreement and supplementing agreements. - III. Legal basis: a pragmatic use of the Treaty provision on association (art. 217 TFEU). - IV. The option of an EU-only agreement and its consequences. - V. Provisional application and the role of the European Parliament. - VI. Concluding remarks: pragmatism and flexibility in EU-UK relations., The withdrawal of the United Kingdom (UK) from the European Union (EU), commonly known as Brexit, resulted in the establishment of a new bilateral legal framework for the future development of EU-UK relations. The new framework is based on a Trade and Co-operation Agreement (TCA) in combination with more specific supplementing agreements concerning the exchange of classified information and the peaceful use of nuclear energy. Without entering into a detailed substantive analysis of these agreements, several innovative elements can be highlighted from the perspective of EU external relations law. This includes, in particular, the governance structure of the new legal framework, the use of art. 217 TFEU (on association) as a legal basis, the "EU-only" nature of the TCA and the provisional application without prior involvement of the European Parliament. It is argued that these key features are largely the result of an unprecedented process of negotiations under the time pressure of the expiry date for the transitional application of EU law in the UK.

Migration and mobility is an increasingly important topic within the European Neighbourhood Policy (ENP). The very first ENP Strategy Papers already acknowledged that perspectives for lawful migration and common efforts to combat illegal migration, as well as the establishment of efficient mechanisms for return, are crucial determinants for successful cooperation with neighbouring countries. With the first revision of the ENP the issue of migration and mobility was encapsulated in the two regional dimensions of the ENP covering respectively the Eastern Partnership (EaP) and the Southern Mediterranean. The focus of this chapter is on the EU’s Eastern neighbourhood and EU-related instruments, systematized in three main groups: (1) legally binding instruments; (2) non-legally binding instruments; and (3) operational and cooperation instruments. In addition, this chapter evaluates the effectiveness of the EU’s efforts in light of the EaP’s policy objective to ensure enhanced mobility of citizens in a secure and well-managed environment.

Verfassungsblog: On Matters Constitutional

Verfassungsblog: On Matters Constitutional

Verfassungsblog: On Matters Constitutional