{"id":34,"date":"2014-10-07T08:47:33","date_gmt":"2014-10-07T08:47:33","guid":{"rendered":"http:\/\/foslaw.eu\/?page_id=34"},"modified":"2022-09-17T17:44:46","modified_gmt":"2022-09-17T17:44:46","slug":"useful-materials-and-links","status":"publish","type":"page","link":"http:\/\/foslaw.eu\/?page_id=34","title":{"rendered":"USEFUL MATERIALS AND LINKS"},"content":{"rendered":"

Note: some of the pages and documents to which there are links on this page seem no longer to exist. Attempts will be made to update them in due course where possible.<\/em><\/p>\n

Brexit: views from abroad<\/em><\/strong><\/p>\n

2017 July 28
\nThe Institute of International and European Affairs<\/a> (IIEA): Can the UK Negotiate a New Kind of Free Trade Arrangement? <\/a>\u00a0John Temple Lang.<\/p>\n

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John Temple Lang is a Solicitor, an Adjunct Professor at\u00a0Trinity College Dublin, and a\u00a0Senior Visiting Research Fellow at the University of\u00a0Oxford. He spent more than twenty years in the Legal Service and the Directorate General for Competition of the European Commission. <\/span><\/p>\n

The IIEA is Ireland\u2019s leading think tank on European and International affairs.<\/p>\n<\/blockquote>\n

2017 July
\nECON\u00a0Thesaurus on Brexit, 4th Edition<\/a>, European Parliament<\/p>\n

\n

“This thesaurus is a collection of ECON related articles, papers and studies on the possible withdrawal of the UK from the EU. Recent literature from various sources is categorised, chronologically listed \u2013 while keeping the content of previous editions – and briefly summarised.”<\/p>\n<\/blockquote>\n

2017 June
\nThe Consequences of Brexit on Services and Establishment: Different Scenarios for Exit and Future Cooperation<\/a>.\u00a0 European Parliament study,\u00a0Prof. Dr Friedemann Kainer<\/p>\n

\n

“This paper addresses the challenges Brexit will pose to the future of trade in services between the EU and the UK. It discusses the specific barriers to cross-border establishment and trade in services and possible solutions for a future EU-UK trade agreement. Hereby, it takes existing EU Free Trade Agreements with other states into consideration.”<\/p>\n<\/blockquote>\n

2017\u00a0June
\nImplications of Brexit on EU Financial Services<\/a>, study for the ECON Committee, European Parliament.<\/p>\n

\n

“This study \u2026 addresses the implications and economic impact of several scenarios of the UK leaving the EU in relation to financial services, ranging from a \u2018hard Brexit\u2019 without any arrangements concerning financial services to the current state of affairs under the terms of a full EU membership.”<\/p>\n<\/blockquote>\n

2017 Avril 19
\nLa Revue Geopolitique\u00a0: Le \u00ab Brexit \u00bb, quelles cons\u00e9quences \u00e9conomiques pour la France ?<\/a> Par Patrick Allard. (diploweb.com se dit le Premier site g\u00e9opolitique francophone). T\u00e9l\u00e9chargement disponible.<\/p>\n

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\u00ab\u00a0Pour la France, les cons\u00e9quences du Brexit seront mod\u00e9r\u00e9ment n\u00e9gatives au plan macro\u00e9conomique. La France peut esp\u00e9rer b\u00e9n\u00e9ficier de la relocalisation de certaines activit\u00e9s financi\u00e8res oblig\u00e9es de quitter Londres. Mais les gains, al\u00e9atoires, ne compenseront pas les pertes \u00e0 attendre dans d\u2019autres secteurs. Par ailleurs, le retrait du Royaume-Uni de l\u2019Union europ\u00e9enne pourrait avoir un co\u00fbt budg\u00e9taire significatif pour les autres \u00c9tats membres, notamment en France.\u00a0\u00bb<\/p>\n<\/blockquote>\n

2017 April
\nThe impact and consequences of Brexit on acquired rights of EU citizens living in the UK and British citizens living in the EU-27<\/a>, commissioned for the AFCO Committee of the European Parliament by the Policy Department for Citizens\u2019 Rights and Constitutional Affairs.\u00a0Authors: Antonio Fern\u00e1ndez Tom\u00e1s, Professor of Public International Law, University of Castilla-La Mancha; Diego L\u00f3pez Garrido, Professor of Constitutional Law,\u00a0 University of Castilla-La Mancha Fundaci\u00f3n Alternativas<\/p>\n

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“This study \u2026 examines the concept of acquired (or \u2018vested\u2019) rights in public international law, analyses the gradual establishment and evolution of these rights and draws from case law as well as other precedents in order to establish the validity and force of acquired rights in customary and conventional international law. It also analyses the protection of such rights within the EU legal order, and examines the citizenship rights that will have to be taken into account during the UK withdrawal negotiations as well as their potential permanence in the EU and UK legal orders after Brexit. It concludes with an assessment on the legal force of acquired rights after Brexit and recommendations for their treatment during and after the withdrawal negotiations.”<\/p>\n<\/blockquote>\n

2017 March 17
\nKommerskollegium -National Board of Trade, Sweden: Brexit \u2013 Options for a future regulatory framework for trade in services and customs and trade procedures between the EU and the UK<\/a>.<\/p>\n

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“In September 2016, the Swedish Government commissioned the National Board of Trade to analyse and provide alternatives for how trade in services between the EU and the UK can be regulated after a UK withdrawal from the EU and its single market. The assignment also includes analysing and providing alternatives for how customs and trade procedures for the trade in goods between the EU and the UK can be designed after a UK withdrawal from the EU.”<\/p>\n<\/blockquote>\n

2017 March 12
\nFriends of Europe: How to (Br)exit \u2012 a guide for decision-makers.<\/a><\/p>\n

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“How to (Br)exit was written by Mogens Peter Carl, a former director-general of the European Commission\u2019s Directorate-General for Trade and Directorate-General for the Environment. … It is not for or against Brexit, but rather seeks to provide guidance to decision-makers on both sides of the English Channel, sharing some unpalatable truths to both London and Brussels.”<\/p>\n

Friends of Europe is an independent think tank with no national or party political bias which aims to represent all viewpoints in its activities and publications.<\/p>\n<\/blockquote>\n

March 2017
\nThe Brexit Negotiations: An Assessment of the Legal, Political and Institutional Situation in the UK<\/a>, commissioned for the AFCO Committee of the\u00a0European Parliament by the Policy Department for Citizens\u2019 Rights and Constitutional Affairs..<\/p>\n

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“\u2026 an in-depth analysis on the political and institutional situation in the United Kingdom following the referendum on the UK\u2019s withdrawal from the EU. The research analyses the post-Brexit political developments in the UK, the various parameters that should be taken into account, by both the UK government and the 27 \u2026”<\/p>\n<\/blockquote>\n

March 2017
\nAn Assessment of the Economic Impact of Brexit on the EU27<\/a>, Policy Department on Economic and Scientific Policies for the Committee on Internal Market and Consumer Protection, European Parliament.<\/p>\n

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“This paper \u2026 assesses the likely impact of Brexit on EU27, together with some scenarios for the terms of the UK\u2019s secession. For the EU 27, the losses are found to be virtually insignificant, and hardly noticed in the aggregate. By contrast, for the UK, the losses could be highly significant, over ten times greater as a share of GDP.”<\/p>\n<\/blockquote>\n

2017 January 25
\nBrexit and the European Union: General Institutional and Legal Considerations<\/a>:\u00a0a report for the Committee on Constitutional Affairs of the European Parliament<\/p>\n

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“This study \u2026 examines the political and institutional steps taken, or to be taken, both by the UK and by the EU in the context of the Brexit referendum vote, and into how matters may evolve in the coming months and years from a legal and institutional perspective. It analyses, in broad terms, the possibilities for a future relationship between the Union and its departing member and the consequences that the departure of a large Member State may entail for the rest of the policies of the Union and for the Union itself.”<\/p>\n<\/blockquote>\n

2017 January
\nEuropean Parliament: The UK\u2019s Potential Withdrawal from the EU and Single Market Access under EU Financial Services Legislation<\/a>, a report for the Committee on Economic and Monetary Affairs by Prof. \u00a0dr. Olha O. Cherednychenko , Groningen Centre for European Financial Services Law (GCEFSL), University of Groningen.<\/p>\n

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This\u00a0\u00a0 paper\u00a0\u00a0 examines how\u00a0\u00a0 the\u00a0\u00a0 current\u00a0\u00a0 EU\u00a0\u00a0 financial\u00a0\u00a0 services\u00a0\u00a0 legislation\u00a0 ensures\u00a0 or\u00a0 facilitates\u00a0 access\u00a0 to\u00a0 the\u00a0 EU\u00a0 single\u00a0 financial\u00a0 market\u00a0 for EU\/EEA\u00a0\u00a0 Member\u00a0\u00a0 States\u00a0\u00a0 and\u00a0\u00a0 third\u00a0\u00a0 countries.\u00a0\u00a0 The\u00a0\u00a0 analysis focuses\u00a0\u00a0 on\u00a0\u00a0 passporting\/mutual\u00a0 recognition\u00a0 regimes\u00a0 for\u00a0 EU\/EEA\u00a0 Member\u00a0 States\u00a0 and\u00a0 third country equivalence regimes.<\/p>\n<\/blockquote>\n

Brexit: the European Union (Withdrawal) Bill<\/strong><\/em><\/p>\n

Draft legislation (Projet de loi). The European Union (Withdrawal) Bill 2017-19 page <\/a>on the UK Parliament website . <\/a>The draft bill itself (13 July 2017 version) is here<\/a>.<\/p>\n

Brexit: views from the UK<\/strong><\/em><\/p>\n

2017 July 13
\nFinancial Markets Law Committee Working Group: Issues of Legal Uncertainty Arising in the Context of the Withdrawal of the U.K. from the E.U. — the Provision and Application of Third Country Regimes in E.U. Legislation<\/a>.\u00a0 A .pdf download is available.<\/p>\n

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The\u00a0 paper\u00a0 focuses\u00a0 on\u00a0 issues\u00a0 of\u00a0 legal\u00a0 uncertainty specific\u00a0 to\u00a0 the\u00a0 application\u00a0 of\u00a0 E.U.\u00a0 legislation\u00a0 to\u00a0 U.K. – based\u00a0 financial\u00a0 services\u00a0 providers.<\/p>\n

In\u00a0 the\u00a0 event\u00a0 that\u00a0 the\u00a0 U.K . withdraws from the E.U. In a truly \u201chard Brexit\u201d scenario, without treaty provisions of any kind, at the end of the two – year Article 50 notice period (29 March 2019) , the U.K. will lose the benefits of membership of the E.U . and will become, from the perspective of E.U. law, a Third Country.<\/p>\n

In these circumstances, the ability of U.K. firms to provide financial services into the E.U. from the day of Brexit would largely depend on the existing E.U. legal framework for service providers based in Third Countries.\u00a0 This framework comprises various regimes (\u201cThird Country regimes\u201d) written into key pieces of E.U. legislation.<\/p>\n

The Third Country regimes offered by E.U. law are multiple and diverse but they do not, even in aggregate, offer comprehensive access to the single market, i.e. across the full range of financial services business lines.<\/p>\n<\/blockquote>\n

2017 April 11
\nInternational Regulatory Strategy Group Mutual recognition \u2013 a basis for market access after Brexit. <\/a><\/p>\n

2017 January 31
\nFinancial Markets Law Committee: Letter to Treasury Select Committee on Transitional Arrangements. <\/a>.pdf download available from the page.<\/p>\n

2017 January 23
\nInternational Regulatory Strategy Group: Third Country Regimes and Alternatives to Passporting<\/a>. (.pdfs of summary and full report available from the link.) Based on the analysis undertaken by the IRSG, the report draws the following conclusions:<\/p>\n

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Given their limited coverage (compared to current rights of access), uncertainty of availability and the lack of key safeguards associated with them, the TCRs do not provide an acceptable long-term, sustainable solution for the UK-based industry as a whole to access EU markets.<\/p>\n

Relying on the degree of access that is permitted under local laws in individual Member States does not provide a sufficient solution either. Indeed, since the UK\u2019s current regime for allowing access for overseas firms is materially more liberal than that in many individual Member States, we would be left with an asymmetric relationship.<\/p>\n

The debate should thus focus on what a bespoke agreement between the UK and the EU allowing mutual market access should look like.<\/p>\n

Transitional arrangements will have to be agreed as quickly as possible to ensure continuity of service provision until a new settlement can be implemented and to minimise unnecessary relocation or restructuring by financial firms.<\/p>\n<\/blockquote>\n

2016
\nOliver Wyman, The impact of the UK\u2019s exit from the EU on the UK-based financial services sec<\/a>tor.<\/a><\/p>\n

2016
\nEuropean Law Review Editorial “Brexit and international treaty-making”<\/a>, by\u00a0 Panos Koutrakos: Sweet and Maxwell download here<\/a>.<\/p>\n

Financial regulation, EU and international trade<\/strong><\/em><\/p>\n

2014 November
\nFinancial Services in EU Trade Agreements<\/a>, a report for the European Parliament’s Committee on Economic and Monetary Affairs by Prof Dr. Andrew Lang of the London School of Economics and Caitlin Conyers.<\/p>\n

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Abstract: … an\u00a0 overview\u00a0 of\u00a0 rules\u00a0 concerning\u00a0 trade\u00a0 in\u00a0 financial\u00a0 services\u00a0 in\u00a0 a\u00a0 range\u00a0 of\u00a0 recent\u00a0 preferential\u00a0 trade\u00a0 agreements\u00a0 (PTA)\u00a0 to\u00a0 which\u00a0 the\u00a0 EU\u00a0 is\u00a0 a\u00a0 party …\u00a0 EU\u00a0 Member\u00a0 States\u00a0 are\u00a0 collectively\u00a0 the\u00a0 world\u2019s\u00a0 largest\u00a0 exporters\u00a0 of\u00a0 financial\u00a0 services,\u00a0 and\u00a0 the\u00a0 sector\u00a0 is\u00a0 of\u00a0 strategic\u00a0 importance\u00a0 in\u00a0 the\u00a0 EU\u2019s\u00a0 trade\u00a0 policy.\u00a0 In\u00a0 its\u00a0 trade\u00a0 agreements\u00a0 with\u00a0 Korea,\u00a0 Singapore,\u00a0 Colombia\/Peru,\u00a0 Central\u00a0 America\u00a0 and\u00a0 CARIFORUM,\u00a0 and\u00a0 its\u00a0 ongoing negotiations with Canada, the EU has sought and obtained considerable concessions\u00a0 in\u00a0 the\u00a0 sector\u00a0 which\u00a0 go\u00a0 beyond\u00a0 those\u00a0 agreed\u00a0 multilaterally\u00a0 in\u00a0 the\u00a0 WTO.<\/p>\n<\/blockquote>\n

2014 October 29
\nUK Supreme Court gives judgment in landmark consultation case. <\/a>Note by Monckton Chambers on what is now the leading case on the duty to consult.<\/p>\n

2014 April 28
\nA legal assessment of the UK’s relationship with the EU<\/a>, TheCityUK. This report by Clifford Chance is downloadable in .pdf from this link<\/p>\n

The Financial Services Lawyers Association website can be found here<\/a><\/p>\n

Enforcement and financial crime<\/strong><\/em><\/p>\n

Here is a link to the UK FCA’s final notices issued in enforcement cases<\/a><\/p>\n

Premi\u00e8re sanction de l’ACPR sur l’information et le conseil<\/a>, 27 septembre 2013 (L’Argus de l’assurance: link via Gide Loyrette Nouel’s website)<\/p>\n

La nouvelle arme des juges d’instruction financiers<\/a>, Bruno Quentin – Les Echos, Le 27\/02\/2013
\n(Bruno Quentin est avocat associ\u00e9 au cabinet Gide Loyrette Nouel et expert du Club des Juristes)<\/p>\n

Market failures and the financial crisis<\/strong><\/em><\/p>\n

Connections between the LMX Spiral in the London insurance market, and the 2008 financial crisis: The Game of \u2018Pass the Risk\u2019: Then and Now<\/a>, Joy A. Schwartzman; <\/i>Lloyd’s of London’s collapse has lessons for today’s crisis<\/a>, an article in The Daily Telegraph,\u00a013 February 2009, by Michael Wade.<\/p>\n

The Report of an inquiry into Lloyd’s syndicate participations and the LMX spiral, Sir David Walker, June 1992 is available here (Part 1)<\/a> and here (Part 2)<\/a><\/p>\n

Residence tests<\/strong><\/em><\/p>\n

Residence of Individuals in EU law, <\/a>Jan Wouters, Katholieke Universiteit Leuven, Faculty of Law, 2010<\/p>\n

UK HMRC Guidance Note: Statutory ResidenceTest <\/a>(SRT) December 2013. (Note: this document is periodically updated, so you may want to check that this links to the current version)<\/p>\n

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Note: some of the pages and documents to which there are links on this page seem no longer to exist. Attempts will be made to update them in due course where possible. Brexit: views from abroad 2017 July 28 The Institute of International and European Affairs (IIEA): Can the UK Negotiate a New Kind of … Continue reading USEFUL MATERIALS AND LINKS<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/pages\/34"}],"collection":[{"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/foslaw.eu\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34"}],"version-history":[{"count":43,"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/pages\/34\/revisions"}],"predecessor-version":[{"id":281,"href":"http:\/\/foslaw.eu\/index.php?rest_route=\/wp\/v2\/pages\/34\/revisions\/281"}],"wp:attachment":[{"href":"http:\/\/foslaw.eu\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}