EU조약과 영국법상 브렉시트의 제 문제에 대한 고찰

• 영문명: A Study on the Legal Problems of Brexit under the TEU and Its Effects upon UK Law
• 발행기관: 국제법평론회
• 저자명: 이주윤(Lee Joo Yun)
• 간행물 정보: 『국제법평론』제46호, 109~133쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.02.28

영문 초록

It is hardly expected that the first express clause on withdrawal from the EU under the TEU amended by the Treaty of Lisbon will have a significant impact upon the EU and Member States. In especial, it is very shocking that the United Kingdom which seems to have much important position than other Member States of the EU, although not as France and Germany, may leave the EU and destroy the agenda and values of European integration established over the last 65 years. In this article, the author not only considered legal implications that Brexit can have on the EU and UK level with respect to the Treaties of the EU, but also examined the purpose, basic principles and process for triggering Article 50 under the TEU. In addition, she focused on the status of government and courts of the UK concerning Brexit as well as the relationship between UK law and EU law as a whole. According to recent statement from Prime Minister May, the UK will carry out a hard Brexit which means that it exits from EU single market and will join a new comprehensive trade agreement with the EU. Most of all, it is necessary that the UK government should seek parliamentary approval in order to begin the process for withdrawing from the EU under Article 50 on the basis upon the judgment of the Supreme Court in the Miller case. Therefore, it will take more than two years for the UK to complete the withdrawal procedures. In particular, the UK could deal with very complicated legal issues requiring a lot of work and efforts with the aim of concluding the withdrawal agreement between the UK and the EU, and amending and/or repealing the EU’s secondary legislation(Regulations and Directives) under the UK legal system. In the Brexit process, Korea should prepare for taking proper and timely steps so as to minimize economic disadvantages which could happen as the result of the change of territorial application of the Korea-EU FTA, as a mixed agreement, and take the conclusion of Korea-UK FTA into consideration, doing its best to strengthen continued cooperation in trade and investment between S. Korea and the UK.

목차

Ⅰ. 들어가며

Ⅱ. EU조약상 회원국의 탈퇴

Ⅲ. 영국의 브렉시트에 관한 입장과 영국법상 EU법의 적용 문제

Ⅳ. 결론

Abstract

키워드

브렉시트 EU조약 제50조 탈퇴 단일시장 영국 최고법원 혼합협정 EU의 입법행위 Brexit Article 50 under the TEU Withdrawal Single Market Supreme Court of the United Kingdom Mixed Agreements Secondary Legislation of the EU