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
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
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
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
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
The next stage of the Brexit negotiations hinges upon two words: “sufficient progress”.
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
The extraordinary outcome of the UK general election and the uncertain domestic political climate has led to calls by Scottish first minister Nicola Sturgeon for a “short pause” in the Brexit process. Despite this, Brexit negotiations are now scheduled to begin on June 19.
There are no advantages for the EU in delaying or pausing Brexit negotiations. It is ready and waiting to negotiate an orderly British withdrawal
Limiting the uncertainty caused by Brexit has been at the core of the EU’s narrative since the Brexit referendum. Delaying the negotiation process only prolongs uncertainty about the direction of Brexit. Meanwhile, the EU is eager to address other challenges such as the refugee crisis or an increasingly unpredictable international environment. A pause would also increase legal uncertainty: there is no agreement on whether it is legally possible to stop the Article 50 process, so the Court of Justice of the EU might have to intervene.
The UK Negotiating Position
The UK’s negotiating position outlined before the election appears under pressure as the prime minister, Theresa May, no longer has a parliamentary majority to sustain it. And as the negotiations start, the Government has not been forthcoming in making public its Brexit priorities after the general election, so the assumption is that they have not changed. Continue reading
In its paper of 13 March 2017 on “The Rights of EU Nationals in the UK Post-Brexit”, Migration Watch UK has put forward a range of proposals aimed at clarifying – and limiting – the rights of EU nationals in the UK in the context of Brexit. These proposals are illegal under EU law and the UK Government must ignore them in their process of shaping the UK’s migration policy towards EU nationals as a result of Brexit. This post summarises these proposals and details the reasons why they are illegal under EU law.
The proposals of the Migration Watch UK paper focus on two main categories of EU nationals: first, those that are residing in the UK at the time of triggering Article 50 Treaty of the European Union (TEU) but will not qualify for permanent residence at the time of Brexit (which the paper assumes to be March 2019) (category (a)). Second, those that will continue to arrive to the UK between the moment in which Article 50 TEU is triggered and the moment when Brexit becomes legally effective (category (b)). Even if the paper is not very clear about it, the proposals would also affect the rights of European Economic Area (EEA) nationals, as well as those of individuals whose residence and work rights derive from those of an EU/EEA national. For simplicity, though, I will stick to the use of the expression “EU nationals” to cover all of them. Continue reading
Back to the future?
The historical ability for the UK state to periodically create self-inflicted harm upon its own food system seems to be raising its head again as the country triggers Article 50 to remove itself from the European Union. We should remember that the repeal of the Corn Laws in the 1840s, opening up the UK to cheap food imports (based indeed on subsidised imperial preferences to its colonies), in exchange for colonial penetration of its financial and manufacturing interests and sectors, created the conditions for a long- running agricultural and rural depression in the UK, lasting well into the 1930s. That Imperial regime of ‘free trade’ created much harm to the British food system, its rural areas, and indeed shaped a dependent food diet based upon imports from colonies and other European nations (like Danish Bacon and Dutch eggs and pork). What is ironically labelled as the ‘full English’ breakfast up and down the land derives from the successful import penetration of its component parts from overseas. The decline in our food-based infrastructure was so bad that, by the onset of the 1st World War, Lloyd George had to go ‘cap in hand’ to the likes of Henry Ford to plead concessions on building his tractors on these shores in order to resolve food and rural labour shortages. Even by 1941 the national farm survey found the agricultural situation in a parlous state, even before the U-boat campaign further disrupted food supplies and led to a period of prolonged public food rationing until 1954. Continue reading
Last week’s judgement in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at ).
It explains why the ‘subordination of the Crown (i.e. executive government) to law is the foundation of the rule of law in the United Kingdom’ (at ), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution.
The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various
categories of rights outlined in the judgement (at -), the Crown cannot, without the approval of Parliament, give notice under Article 50. Continue reading