Post-Brexit Trade Relations: No Middle Way Between Free Trade Agreement and Internal Market

Screenshot 2018-05-16 10.22.43Piet Eeckhout and Clément Leroy examine various models for the UK-EU trade relationship after Brexit, and argue that a so-called bespoke agreement beyond existing frameworks is not available. This blog draws on Piet Eeckhout’s report Future trade relations between the EU and the UK: options after Brexit, which he is presenting to the European Parliament’s International Trade Committee on Thursday 17 May (watch here). 

The future trade relationship between the UK and the EU will affect a wide range of economic and social policies. Looking beyond what would be desirable from an economic viewpoint, one can examine the different models for this relationship that are under consideration in the context of the Brexit negotiations against the canvas of two distinct paradigms: market integration and trade liberalisation.  Continue reading

The Road to Transition…Paved with Good Intentions?

Rotterdam_Bulk_terminalAs British Brexit negotiators are hoping to secure an agreement on the transition period at the European Council on 22-24 March, Sionaidh Douglas-Scott explores what they should keep in mind, and discusses sticking points to prepare for.

Both the EU and UK appear to accept that a transition period (or as the UK Government prefers it – ‘implementation period’) will be necessary to effect Brexit, as it is unlikely that agreement on the UK’s future relationship with the EU will be reached and implemented before 29 March 2019. Continue reading

Brexit EU Citizenship Rights of UK Nationals and the Court of Justice

Screenshot 2018-02-09 09.51.52What will happen to the EU citizenship rights of UK nationals after Brexit? A Dutch Court has caused quite a stir by making a reference to the European Court of Justice on the issue. Ronan McCrea explains why the Court of Justice should not, and probably won’t, accept it. 

Quite a stir has been generated by the decision of a Dutch court to make a reference to the Court of Justice of the European Union on the issue of the EU citizenship rights of UK nationals post-Brexit.

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The UK decision to withdraw from the EU: parliament or government?

high court.jpgIn light of the ongoing legal hearing on the triggering of Article 50, Piet Eeckhout, Professor of EU Law at UCL, examines Article 50 from an EU law perspective. He explores what the UK’s ‘constitutional requirements’ for leaving the EU entail, noting that Parliament has a role to play in any withdrawal decision.

The litigation concerning the triggering of Art 50 TEU is under way, with hearings this week and next. It is the constitutional case of the century. The government’s skeleton argument has been published. This reveals that one of the pillars of its defence is that the decision to withdraw from the EU has already been taken. Consequently, all that is in issue is the authority to notify the EU of that decision, and to start the two-year negotiation period provided for in Art 50. That, the government’s case goes, is a decision of high policy which is rightly in the government’s hands, and not in those of parliament.

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Can a Brexit Deal Provide a Clean Break with the Court of Justice and EU Fundamental Rights Norms?

CJEU.jpgRonan McCrea, Barrister and Senior Lecturer in Law at UCL, argues that the UK could be under the jurisidction of the European Court of Justice for longer than many Brexiteers may care to imagine. Any withdrawal agreement negotiated under Article 50 has to comply with the basic constitutional norms of the EU legal order, including fundamental rights. This could have significant implications for the UK’s negotiating position, as well as the status of EU citizens living in the UK.

Those concerned with protecting human rights have been vocal in their concern that the Brexit process will lead to a reduction in human rights protection in the UK. Indeed, part of the case presented to voters in favour of Brexit was that leaving the EU would allow the UK to be free of the duty to comply with the EU fundamental rights norms, including Charter of Fundamental Rights and the possibly expansionist interpretation of that Charter by the Court of Justice of the EU. As with so many elements of the impossibly multifaceted and tangled process of Brexit, the reality may be less clear cut. It is in fact likely that any deal concluded under Article 50 will be subject to a degree of obligation to comply with the rights contained in the Charter and the fundamental elements of EU law, and indeed, and obligation to satisfy the Court of Justice that such compliance has occurred.

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