About Erika Szyszczak

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So far Erika Szyszczak has created 43 blog entries.

Preparing Competition Regulation for a “No Deal” Brexit

6 November 2018 Professor Erika Szyszczak is a Research Professor in Law and a fellow of the UK Trade Policy Observatory. She was the Specialist Adviser to the House of Lords European Union Committee Inquiry: Brexit: competition and state aid On 30 October 2018, the Government revealed its plans on how competition law will continue to operate in the scenario where the UK and the EU are unable to reach an amicable separation agreement – the so-called ‘no deal’ scenario where there is no future EU-UK trade agreement in place. This Blog comments on the expected increase in the workload of the Competition and Markets Authority after Brexit and the proposed new, autonomous approach to competition policy where Regulators and courts will no longer be under an obligation to follow EU competition law. […]

By |2025-07-18T13:39:46+01:006 November 2018|UK- EU|0 Comments
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A New Model for EU Trade Agreements: Trade Only, Association/Economic Partnership Agreements … and … Investment Agreements

Trouble Ahead for post-Brexit Trade with the UK? 24 May 2018 Professor Erika Szyszczak is a Professor of Law at the University of Sussex and is a member of the UK Trade Policy Observatory. If, and when the UK is able to agree a new trade relationship with the EU it will be negotiating within a new EU approach to conducting trade agreements. This will have consequences for the type of agreement(s) the UK is able to negotiate with the EU, as well as the replication of any trade agreements negotiated by the EU and the rest of the world before the full Brexit process is finalised. […]

By |2025-07-18T13:49:34+01:0024 May 2018|UK- EU|0 Comments
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BP 4 – Triggering Article 50 TEU A Legal Analysis

Briefing paper 4 – October 2016 Download Briefing Paper Erika Szyszczak & Emily Lydgate Introduction How Will the UK Trigger Article 50 TEU? When Will the UK Trigger Article 50 TEU? What Will the Article 50 TEU Withdrawal Agreement Consist of? Is Article 50 TEU Reversible? Conclusion Further Information […]

By , |2025-12-17T16:22:00+00:001 March 2018|Comments Off on BP 4 – Triggering Article 50 TEU A Legal Analysis
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BP 11 – A UK Brexit Transition: to the Ukraine Model?

Briefing Paper 11 – November 2017 Download Briefing Paper Erika Szyszczak Key Points Introduction A New Type of Integration without Membership The EU Legal Base A New Institutional Framework Conditionality Courts and Dispute Resolution The Substance of Approximation Conclusion References […]

By |2025-12-12T10:37:45+00:0013 February 2018|Comments Off on BP 11 – A UK Brexit Transition: to the Ukraine Model?
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Briefing Paper 11 – A UK BREXIT TRANSITION: TO THE UKRAINE MODEL?

The UK is searching for a framework for its post-Brexit trade arrangements with the EU. A clean Brexit from the EU has always been unrealistic and the EU is limited in the kind of trade arrangements it offers to third countries. This briefing paper examines the EU-Ukraine Association Agreement (AA) suggesting how a similar agreement may offer a way forward for the UK-EU negotiations. The EU-Ukraine AA reveals that the EU is willing to adapt previous Agreements to new circumstances. A similar UK-EU Agreement could provide access to the Single Market, maintain inward investment incentives and provide an attractive location for establishment of firms and enterprises, especially in the services sector – an area the UK is keen to protect. For the UK, the adoption of this approach would require less unravelling of existing UK laws, but offer some room for independence in negotiating future issues. Read Briefing Paper 11 – A UK BREXIT TRANSITION: TO THE UKRAINE MODEL?

By |2024-11-20T13:32:54+00:002 November 2017|Briefing Papers|0 Comments
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State Aid is on the Agenda: Deal or No Deal

6 October 2017 Professor Erika Szyszczak is a Research Professor in Law at the University of Sussex and a Fellow of UKTPO. She is currently the Special Adviser to the House of Lords Internal Market Sub-Committee in respect of its inquiry into Brexit: competition. She is the author of The Regulation of the State in Competitive Markets (Hart Pub. 2007) State aid issues are highly politicised. And for good reasons. Taxpayers’ money is being used in a selective manner, without any democratic input into its effective use. Competitors, at home and abroad, feel aggrieved that a firm is either obtaining an unfair advantage or being bailed out, where it cannot compete on the market. But State aid may be necessary to combat unusual situations, such as environmental disasters, or financial crises, or to buy time to rescue and restructure in order to save jobs and a local economy. It may be needed on an ongoing basis to provide public services.  […]

By |2025-07-18T14:05:50+01:006 October 2017|UK- EU|0 Comments
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Transition Made Easy

26 September 2017, L. Alan Winters CB, Professor of Economics and Director of UKTPO. Dr Peter Holmes Reader in Economics at the University of Sussex and Fellow of the UKTPO, Erika Szyszczak is a Professor of Law at the University of Sussex, independent ADR Mediator and a Fellow of the UKTPO. Now it’s official. More than a year after the UKTPO said that it would be necessary (see Briefing Paper 2 and NIER paper), the Prime Minister has announced that the UK wants a transitional deal that preserves the status quo. Namely, membership of the Single market, a customs union with the EU, free mobility of labour, jurisdiction of the Court of Justice of the European Union (CJEU), budget payments and no external trade deals. Sad to say, this seems like progress. Despite the language and some of the press commentary, Britain is not ‘opting for’, still less ‘agreeing to’, a transitional deal; it is asking for one in the negotiations. The Florence speech still uses the language of an ‘implementation period’. This implies that between now and 2019 the UK can both negotiate a final settlement to be implemented after the transition and the transition itself.  But the Prime Minister has made no [...]

By , , |2025-07-18T14:08:18+01:0026 September 2017|UK- EU|5 Comments
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The EU Regulatory Magnet: What Are the Consequences for the UK?

1st September 2017 Erika Szyszczak is a Professor of Law at the University of Sussex, independent ADR Mediator and a Fellow of the UKTPO. This week it was reported that the PM, Theresa May intends to “cut and paste” existing EU trade deals when forging a new trade policy for the UK. Today the EU-Ukraine Association Agreement (AA) officially came into force, although most of the provisions of the AA have been provisionally applied since 1 September 2014, with the trade provisions contained in the novel Deep and Comprehensive Free Trade Area (DCFTA), provisionally applied since 1 January 2016. The AA is a new model of external relations for the EU and it addresses matters beyond trade (cooperation in foreign and security policy, justice, freedom and security (including migration) taxation, public finance management, science and technology, education and information society). It is an innovative form of external action in offering a new type of economic integration without membership of the EU: an integration-oriented agreement. The new AA may reveal some lessons for the UK as it seeks new models of trade relationships. Indeed, the AA has already entered the consciousness of the wider public as a potential model for UK-EU trade [...]

By |2025-07-18T14:08:39+01:001 September 2017|UK - Non EU, UK- EU|0 Comments
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Triggering Article 50 TEU: a positive result for the Government?

26 January 2017 Erika Szyszczak is a Professor of Law at the University of Sussex, Barrister and ADR Mediator at Littleton Chambers, Temple and a Fellow of theUKTPO. It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutional dimension to the litigation. […]

By |2025-07-18T14:20:33+01:0026 January 2017|UK- EU|0 Comments
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The Singapore and Ukraine Trade Deals: EU Trade Policy in a post-Brexit World

13 January 2017 Erika Szyszczak is a Professor of Law at the University of Sussex, Barrister and ADR Mediator at Littleton Chambers, Temple and a Fellow of the UKTPO. EU trade policy has been cast into shadow by the sharp focus on how the UK will conduct its future trade policy. But it will be in the interests of the EU and the UK to negotiate their future trading relationship as quickly and smoothly as possible. An issue for the EU will be the question of whether it will have exclusive competence to negotiate and ratify a trade deal with the UK. Or will it be forced to acknowledge that any future agreement will be a mixed agreement requiring, and risking, ratification by all 27 Member States? Two events at the end of 2016 have shed light on the legal and political issues facing the EU in negotiating a post-Brexit world. […]

By |2025-07-18T14:44:37+01:0013 January 2017|UK- EU|1 Comment
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