The people’s vote is not the answer to the Brexit riddle

Protesters at the March for a People’s Vote, June 2018. Photo: David Holt via a CC BY 2.0 licence

Phil Syrpis, Professor of EU Law, University of Bristol Law School

Momentum seems to be building for a people’s vote on Brexit. Phil Syrpis (University of Bristol) argues that it will not provide the answer to Brexit – whether or not the government secures a deal with the EU. Rather, he argues that the calls for a people’s vote are distracting campaigners from making the case for the outcomes they really want. Continue reading

Enough magical thinking. The silly season must stop here

Phil Syrpis, Professor of EU Law, University of Bristol Law School

Britain has only a couple of months left to decide on its future relationship with the EU. Phil Syrpis (University of Bristol) says it is time for both the government and the opposition to level with the public about the choices involved. The coarse sloganeering of the past two years will lead to a destructive Brexit unless politicians get real.

The summer recess is often described as silly season. But this year is different: the silliness has to stop. We have just two months to decide on our future relationship with the EU, and the magical thinking – in the government and Labour party alike – is no longer sustainable. Continue reading

The EU wants to avoid a ‘no deal’ Brexit – here’s how it could achieve that

Tusk and Juncker: nearly there. Image: Oliver Hoslet / EPA

Nieves Perez-Solorzano, University of Bristol

Before the Brexit negotiations had officially started, back in June 2017, the EU’s chief Brexit negotiator Michel Barnier told journalists what he needed on the other side of the table:

A head of the British delegation that is stable, accountable and that has a mandate.

Less than a year before Brexit day, scheduled for March 29, 2019, Barnier may feel he is still waiting for those conditions to be met, especially as the EU now finds itself with a new head of the British delegation, Dominic Raab. Raab’s negotiating position for the next round of talks, starting on July 16, results from Theresa May’s attempt to hold her cabinet and the Conservative Party together at a meeting at Chequers. In doing so, the prime minister provoked yet another domestic Brexit crisis with a spate of resignations, including those of the Brexit secretary, David Davis – who Raab has replaced – and foreign secretary, Boris Johnson. Continue reading

Furthering Women’s Democracy in a Brexit Environment

Image credit: Jeff Djevdet

“We need a new gender contract for the UK.” Thus surmised Professor Yvonne Galligan Queens University Belfast at the end of the WIDEN symposium that took place in the University of Bristol in May 2018. With the 4 UK nations represented, the 3 sponsoring universities of Bristol, West of England and Bath, and 16 speakers from women’s and anti-discrimination organisations, universities, and trade unions, this was a day of knowledge sharing from practitioner, activist and interdisciplinary research perspectives. Continue reading

Brexit negotiations phase two – here’s what happens next

Image: EPA/ Eric Vidal

Nieves Perez-Solorzano, University of Bristol 

The European Commission will advise the leaders of the 27 EU member states meeting at the European Council on December 15 to proceed with the second phase of Brexit negotiations. It judges there has been sufficient progress on the three key issues that it insisted should constitute the first phase of talks. Those are citizens’ rights, the Irish border and the UK’s financial settlement.

That doesn’t mean that a final solution has been achieved on any of these issues – just that there is enough common understanding between the EU27 and the British government to continue to the next phase of negotiations.

So, what next? Expect more of the same: time pressures, a well-choreographed approach from the EU leadership and a weak British government gradually converging with the European position. Continue reading

Brexit and Public Procurement Reform: What Next?

Eight months ago, by giving formal notice under Article 50 TEU, the United Kingdom formally started the process of leaving the European Union (so called Brexit). This has immersed the UK Government and EU Institutions in a two-year period of negotiations to disentangle the UK from EU law by the end of March 2019, and to devise a new legal framework for UK-EU trade afterwards. The UK will thereafter be adjusting its trading arrangements with the rest of the world, and the Government has recently stated its intention for the UK to remain a member of the World Trade Organisation Government Procurement Agreement (GPA). Continue reading

To break Brexit talks deadlock the EU must agree ‘sufficient progress’ has been made – what does that mean?

The next stage of the Brexit negotiations hinges upon two words: “sufficient progress”.

European Council meeting, 20-21 October 2016. European Council Flickr  CC BY-NC-SA 2.0

At the European Council meeting on October 19 and 20, leaders of the EU27 will review developments in the Brexit negotiations and establish whether they believe enough progress has been made in the first phase of talks to move on to the second phase. That would allow discussions to begin on the future relationship between the UK and the EU.

The term “sufficient progress” is embedded within the European Council’s negotiating guidelines for Article 50 – the part of the EU treaty which governs how a state leaves the bloc. It is born out of the EU’s phased approach to the Brexit negotiations, which was later confirmed by both the EU and the UK in June 2017.

The ongoing first phase of Brexit negotiations is focused on finding solutions to three key issues: the status of UK citizens in the EU and EU citizens in the UK, the border between the Republic of Ireland and Northern Ireland, and the settlement of the UK’s financial obligations.

Agreeing whether there has been been sufficient progress means solving these three key problems. What the agreed solution ought to look like, however, is more elusive. Continue reading

North-South Free trade Agreements – Trade, Policy and Europe

At the University of Bristol Law School, we are investigating the dynamics of negotiation, implementation, and enforcement of North-South trade agreements.

The following is a record of the findings of the panels speaking at an event held on 4 October 2017. The first panel (Clair Gammage, Maria Garcia and Tonia Novitz, chaired by Phil Syrpis) examined the external policies of the European Union (EU) particularly in the context of regionalism and free trade agreements (FTAs). The second panel (Emily Jones, Sophie Hardefeldt and Gabriel Siles-Brügge, chaired by Tonia Novitz) examined how the UK could – in the event of Brexit – depart from or improve on the practices of the EU.

EU policy relating to North-South trade agreements

Clair Gammage (Bristol) discussed the transformation of the EU’s relationship with its trade partners across the African, Caribbean, and Pacific regions and was able to point to the surprising small victories that low-income countries in the Global South had achieved when negotiating trade agreements with the EU. Continue reading

Repeal bill paves the way for a removal of rights after Brexit

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via shutterstock.com

Phil Syrpis, University of Bristol

One of the central planks of the British government’s legislative agenda ahead of Brexit, the European Union (Withdrawal) Bill, will begin its second reading on September 7 as MPs return from their summer recess.

The government’s aim for the bill, originally known as the “Great Repeal Bill”, was to “convert the body of existing EU law into domestic law”, so that parliament can decide what to keep or repeal once the UK leaves the bloc. This was to ensure that, “as a general rule, the same rules and laws will apply after we leave the EU as they did before”, so as to reassure citizens and businesses.

But the bill falls far short of providing citizens and businesses with clarity and certainty. Instead, it paves the way for the modification and removal of rights that currently exist under EU law. Continue reading

Scoping the impact of Brexit for NHS procurement

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

NHS England spends over £20 billion every year on goods and services. A significant part of the remainder of NHS non-salary budget involves the commissioning of health care services. This expenditure and commissioning is controlled by NHS procurement rules, which in part derive from EU law. NHS procurement rules are regularly criticised for imposing excessive red tape and compliance costs, and calls for NHS procurement reform to free it from such strictures are common.

In this context, Brexit could be seen as an opportunity to overhaul NHS procurement and to move away from the perceived excesses of EU law. This post concentrates on two issues. First, does EU law prevent significant reforms of NHS procurement and, if so, can Brexit suppress such constraints? Second, is the way Brexit is unfolding conducive to an improvement of NHS procurement? Continue reading