ECJ bugbear undermines London’s negotiating position

Significance The role for the ECJ after Brexit will be a key sticking point as negotiations between London and Brussels progress. Impacts Fragmentation in regulatory standards would make it much harder for the United Kingdom to trade with the EU. The dissonant position adopted by the UK government increases the risk of delay, and ultimately of failing to secure a deal. Unless London settles on stable guidance for interpretation of EU law post-Brexit, uncertainty for firms, investors and citizens will rise.

Significance This comes after the Telegraph reported last week that Soros had donated 400,000 pounds to the group. There is an ongoing debate as to whether the United Kingdom will in fact leave the EU. Central to it is the question of whether the UK government can unilaterally revoke its decision to trigger Article 50 in March 2017. Impacts Voters would be less likely to support the revocation of Article 50 if the Council imposed conditions that made membership less attractive. Revoking Article 50 and remaining in the EU would reduce damage to the UK economy. If Article 50 is revocable, Eurosceptic governments could be tempted to use the prospect of triggering it as leverage in EU negotiations.


Subject UK-EU trade talks. Significance The United Kingdom will leave the EU on January 31, 2020, but will abide by EU rules as part of the transition period, which runs to December 31, 2020. During this limited period of time, London and Brussels will seek to negotiate a permanent trading relationship. While the transition deadline can be extended, the UK government has committed not to seek an extension. Impacts The impact of no trade deal or a 'thin' one may force the UK government to increase taxes in order to meet spending pledges. UK financial services will rely on an equivalence deal with the EU; London hopes to agree this by mid-2020. The EU’s future trade policy will focus on having stronger sanction powers as well as legal ones for those that unfairly undercut EU firms.


Significance Freed from the EU’s control, London insists, the United Kingdom could become a hub for new technologies. To this end, besides setting out some other objectives, it has prepared a ten-year strategy to foster innovation in artificial intelligence (AI) systems. Impacts UK plans to adapt GDPR to favour business and innovation will be opposed by consumer and privacy activists, possibly in courts. Regulatory divergence with the EU in critical sectors such as the digital economy will hurt UK-EU ties. The UK government may struggle to benefit from partnerships developed in the EU-US Trade and Technology Council.


Significance Johnson's cabinet overhaul is the largest in decades, replacing 17 cabinet ministers from the previous government mostly with individuals who support Johnson’s hard-line stance on Brexit. Impacts Brussels could offer London a ‘Northern Ireland only’ backstop, but this will be rejected by the UK government. The government will likely pass legislation to protect EU citizens’ rights in the United Kingdom if there is a no-deal Brexit. The EU will only grant another extension if a deal is almost agreed, or if there is a UK general election or second Brexit referendum.


Author(s):  
Federico Fabbrini

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.


Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.


Significance The process has been plunged into further uncertainty by the outcome of the June 8 UK general election, which has sparked renewed debate about what kind of Brexit the United Kingdom wants and what kind of future economic relationship with the EU it should seek to negotiate. Impacts The UK government’s weakness is a cause for concern elsewhere in the EU, raising fears that it may not be able to compromise on key issues. Many businesses will begin implementing strategies for dealing with Brexit early next year, before knowing the outcome of the negotiations. Pressure for a lengthy transition period will continue to build. The political turmoil and slowing economic growth in the United Kingdom may increase support for EU membership elsewhere in the bloc.


Subject The impact of Brexit on the English-speaking Caribbean. Significance The Caribbean is a region with strong links to the United Kingdom that will be affected significantly by the UK voters' decision to leave the EU ('Brexit'). The region includes sovereign and non-sovereign countries and both groups will be affected, albeit in different ways. Impacts Caribbean concerns will not be a priority for either the United Kingdom or the EU. Uncertainty may further undermine already weak regional economies. CARICOM will need a new trade accord with the United Kingdom, its main export market.


Subject Euratom and Brexit. Significance The UK government on July 13 put forward its proposals on handling its exit from the European Atomic Energy Community (Euratom). The document was published amid growing consensus between parliamentarians, the nuclear industry and the scientific and medical communities that the considerable risks associated with leaving Euratom made transition arrangements essential. Impacts Exiting Euratom and the EU will exacerbate the United Kingdom's problems of an ageing nuclear workforce and skills shortages. A UK association agreement with Euratom could be derailed by a veto by the anti-nuclear Austrian government. The problems presented by exiting Euratom will be replicated in other areas where the United Kingdom relies on EU expertise and oversight.


Significance The UK government remains divided over how its relations with the EU’s customs union should be arranged after Brexit, while the EU is unimpressed by any of the suggestions put forward by London to date. This issue is central to both the future EU-UK trade relationship and the debate about how to resolve the question of the intra-Irish border. Impacts Any physical infrastructure on the Irish border would become a target for violence. A hard border could increase support for Irish reunification among Northern Irish Catholics. Different customs regimes in the EU and the United Kingdom could lead to smuggling.


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