Suchergebnisse

Chapter I: Introduction -- 1. Introduction -- 2. The Main Challenges -- 3. Methodology -- 4. The Theses of this Book -- 5. The Analysis -- Chapter II: The Historical, Political and Legal Context of the Suspension of the Acquis in Northern Cyprus -- 1. Introduction -- 2. The Birth of a Republic but not of a Nation -- 3. 'The First Partition' -- 4. The 1974 Turkish Military Intervention and the Continued Presence of Turkey on Cyprus -- 5. The RoC as a Candidate for EU Accession -- 6. The UN Plan for a United Cyprus Republic (UCR) -- 7. Cyprus' Accession to the EU -- 8. Conclusion -- Chapter III: Union Citizenship, Fundamental Rights and Free Movement of Persons -- 1. Introduction -- 2. EU Citizenship -- 3. Fundamental Rights -- 4. Crossing the 'Line' -- 5. Conclusion -- Chapter IV: Free Movement of Goods -- 1. Introduction -- 2. Trade with the 'Areas' before Cyprus' EU Accession -- 3. Green Line Regulation's Provisions on Crossing of Goods -- 4. The Commission's Proposal for a Direct Trade Regulation -- 5. Conclusion -- Chapter V: Taking Cyprus' EU Membership into Account for a Future Settlement Plan -- 1. Introduction -- 2. The EU as a Principal Locus and Actor in a Future Initiative -- 3. Accommodating a Future Solution within the Union Legal Order -- 4. Conclusion -- Chapter VI: Conclusion -- 1. A Study in Time -- 2. Strangers in the Same Land? The Cooperation of the UN and the EU in Resolving the Cyprus Issue -- 3. Lessons Learned (?)

AbstractIn the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out against their will. This paper explores two pathways for Scotland and Northern Ireland to remain in the EU and/or the single market. The first entails the achievement of Scottish independence and the reunification of Ireland through democratic referendums. To this effect, the paper reviews the right of secession of those two constituent nations under UK constitutional law. It revisits the debate on the appropriate legal basis regulating Scotland's future EU accession and discusses the Irish reunification from an EU law perspective. The second pathway explores how it would be possible for Scotland and Northern Ireland to remain in the EU and/or the single market even without seceding from the UK. In order to do that, the paper points to the remarkable flexibility of the EU legal order as evidenced in numerous cases of differentiated application of Union law. The paper shows that the EU possesses the necessary legal instruments to accommodate the divergent aspirations of the UK constituent nations.