EU Law Post Brexit Flashcards
Brexit?
EU law continue to impact. Leaving for sure 29th March 11pm, due to Article 50 being triggered which allowed for MS’s to leave the EU
How?
Referendum in the UK in 2016 whereby 51.9% of voters opted to the leave the EU, but not technically binding referendum.
EU Law forgotten?
Nope, will be transposed into UK law but will still be superior to national law. Devolved legislatures will also be bound by this law. Unsure as to how it’ll be interpreted though as UK Judges look to ECJ a lot.
Article 50 TEU
1) Can withdraw in accordance with own constitution (This came in Miller Judgement UK, Government attempt to not include Parliament)
2) Notify European Council of decision. Union shall negotiate and conclude agreement with that State, arrangements for its with withdrawal, and framework for its future relationship, in accordance with Art 218(3) Council negate, acting in Qualified Majority, consent of EP needed
3) Treaties cease to apply to state when withdrawal agreement reached or failing that 2 years after notification given, unless decided to extend said period
Current Political Opinion?
Many claim they didn’t actually want it to happen, potentially reversed if Tories lose power.
Can it be reversed?
Article 50 provides no express answer, but this is because Lord Kerr who wrote it says that it is evident that there is the potential of unilateral revocation of notice. If this possible could potential but like nah not leaving then say yeah leaving thus extending by 2 years. Non limiting condition 3 either could go on forever
Transitional Agreement?
Possible in theory, but could be contested. Too many questions rise
Opposing ideas to Brexit
Some want a hard Brexit, whereas others want a soft Brexit
Potential Ideas - EEA
EU, Iceland, Norway and Liechtenstein. Part of internal market and Schengen Area. Unable to apply EU law directly, but they are able to influence EU just not vote on it.
Main Bodies - Joint Committee - Responsible for management of the agreement, and decisions concerning the incorporation of EU legislation. (Consensus)
EFTA Surveillance Authority - Similar to EU Commission
Swiss Model
Governed by bilateral and multilateral agreements. Package 1 includes free movement of persons, ‘intimately linked, cease to apply at same time’
Package 2 - Nine Agreements - Education, Environment, Schengen, no as stringent as Package 1
‘Thin institutionalisation’ Joint Committee oversees disputes.
Autonomous Adoption Swiss legisaltion contains European Chapter ensures conformity
Yet 2014 attempted to not conform with free movement of persons
EU Global Reach
Biggest Market, Unlikely to not have any effect at all on UK market or have some kind of deal. Bradford ‘EU sets global rules across range of products’
