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 →
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 →
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 →
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 →
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 →
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 →
The UK government’s stance on immigration will likely cost British students their access to Erasmus+. How will UK universities keep their students thinking globally post-Brexit?
As Brexit negotiations gather momentum, the time has arrived when we must consider how we can successfully navigate the next two years. The UK must think about how we will fill the Brussels shaped void, the implications of which will soon start to become clear. It’s a void that will loom large in my professional life as my colleagues and I consider the future of European student mobility without the Erasmus+ programme.
If the results of the referendum caught us by surprise, I’m determined that we will be prepared for any outcome that the negotiations deliver. And, moreover, that along with other stakeholders, we take an active role in helping fill that void and shape it into something that can be a worthy successor to Erasmus. I was recently invited to take part in an excellent workshop “Projecting Bristol and Britain to a Post-Brexit World” organised by Dr Nieves Perez-Solorzano and Professor Michelle Cini from the University of Bristol. This was a good opportunity to start thinking about how we can proactively participate in Brexit discussions and this short piece considers some of those ideas with regards to international student mobility. Continue reading →
The British Home Office has created a bureaucratic nightmare for EU citizens applying for permanent residency. Might there be a better way forward?
According to official figures there are over three million non-UK EU citizens living in the United Kingdom, many of which live in Bristol. Following the referendum of 23 June 2016 and the notification by the UK government to withdraw from the European Union many of those citizens are naturally feeling anxious about Brexit and the future of their rights in this country. What will happen to them once the UK leaves the EU is still unclear. In the Guidelines Following the UK’s Notification under Article 50 TEU adopted on 29 April 2017, the EU 27 recognise that “the United Kingdom’s decision to leave the Union creates significant uncertainties that have the potential to cause disruption”, notably for “[c]itizens who have built their lives on the basis of rights flowing from the British membership of the EU [and] face the prospect of losing those rights”.
Clarifying the status of EU citizens could have been done unilaterally by the British government. It chose not to, however, arguing that the status of UK nationals in EU states also needed to be addressed and reciprocal rights offered. Although the issue was raised in parliament during the debate over the European Union (Notification of Withdrawal) Bill legal uncertainty remains. The European Union has on several occasions stressed that finding a solution to this issue was paramount and needed to be tackled at an early stage of the Brexit negotiations. Indeed as stressed in paragraph eight of the EU 27’s guidelines, “[t]he right for every EU citizen, and of his or her family members, to live, to work or to study in any EU Member State is a fundamental aspect of the European Union”.
This was the main theme of the workshop ‘Bristol in Flux: Suspended Citizenship’ organised by the University of Bristol on 3 April 2017 to which we, as lecturers in EU Law at the University of the West of England and authors of the textbook European Union Law, were invited. One of the subtopics broached at the workshop was the fate of long-term EU residents who seem to be most affected by Brexit. The debate predominantly centred upon two themes of immediate practical relevance: first, the conditions for obtaining a UK status, and second, the processes and practicalities of transforming their EU status into a UK status. Continue reading →
Business was never unified on its stance towards Brexit, and very few assessments have studied how it will affect local economies. Might Bristol be the place to start?
Bristol city centre at night. Luke Andrew Scowen/Flickr. (CC 2.0 by)
Glenn Morgan is Professor of Management at the University of Bristol
In the run-up to the Brexit referendum, there was a common assumption that business was strongly in the Remain camp. This suited the purposes of those determined to paint the issue as one of the elites versus the people. It was never an accurate portrayal of the situation. Instead, businesses tended to line up along the narrow lines of their commercial interests or to remain on the sidelines (as was the case with large retailers such as Tesco and Sainsburys).
The City of London, which has gained from being inside the EU, predominantly backed Remain though some of the more activist hedge funds openly supported Leave. The car industry, predominantly owned from outside the UK but deeply integrated with the EU in terms of markets and supply chains, supported Remain. Other large manufacturers, most obviously Dyson – for whom the EU was only a small part of their overall market and whose supply chain stretched into Asia rather than the EU – were more critical of Remain. They were skeptical of ‘Project Fear’ and the idea that Brexit would cut off EU markets to any significant degree. They also saw advantages in getting out from under what had become portrayed as ‘gold-plated’ EU regulation. Continue reading →
There are a reported three million EU citizens and more than five million non-EU citizenships in Britain. Why aren’t they organising ahead of the election?
Stop Brexit, National march to Parliament. London, UK. 25 March 2017. Ik Aldama/DPA/PA Images. All rights reserved.
The triggering of article 50 on 29 March and the call for snap elections on 18 April 2017 represent the political consolidation of a conservative turn in the national agenda. Both issues also represent the political legitimation of a ‘hard Brexit’ and the correlative defeat of democratic and progressive forces. In almost a year since the referendum, political parties and organised sectors of civil society have been unable to articulate a successful opposition to the conservative turn and the political alignment of the country under the still fragile power of the current government.
In particular for foreigners (EU and non-EU immigrants), this alignment implies the radicalisation of an explicit agenda of reduction and re-evaluation of rights that leaves us without any significant representation in the British side of the negotiations. If the June election represents a new political opportunity, then the challenge is to organise our communities. In this article I would like to suggest some ways a social movement of foreigners might be able to defend the civil rights of immigrants and counterbalance the conservative turn during the Brexit negotiations. Continue reading →