New Year 2018 issue: references, notes and quotes.

 

These are best read alongside supporting material in the notes for the Oct 2017 issue.

 

Index

Brexit information sources

UK documents on negotiations

EU negotiation documents

Negotiations: progress and prospects

May's Florence speech and 2017 Conservative Manifesto

EU Courts, Legatum Institute

International legal dimension

WTO waiver

Lamy, 5-6 years to negotiate a comprehensive EU-UK Free Trade Agreement

Brexit blockers

Free movement after Brexit

General comment

 

 

Brexit information sources

GENERIC INFORMATION, LEGISLATION, REPORTS

http://www.parliament.uk/business/publications/research/eu-referendum/how-will-brexit-work

https://secondreading.parliament.uk/blog/brexit-blog/brexit-an-overview/

https://secondreading.parliament.uk/blog/brexit-blog/what-can-research-tell-us-about-brexit/

https://www.gov.uk/government/collections/article-50-and-negotiations-with-the-eu

 

 

UK documents on negotiations

'Exit Day' - EU withdrawal bill

http://researchbriefings.files.parliament.uk/documents/CBP-8184/CBP-8184.pdf

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8184

 

Brexit reading list: legal and constitutional issues : reading list

http://researchbriefings.files.parliament.uk/documents/CBP-7702/CBP-7702.pdf

 

Brexit debates since June 2016

http://researchbriefings.files.parliament.uk/documents/CBP-8131/CBP-8131.pdf

 

 

December UK-EU Agreement

http://researchbriefings.files.parliament.uk/documents/CBP-8183/CBP-8183.pdf

This paper looks at the path towards 'sufficient progress' in the first phase of Brexit negotiations and the Joint Report agreed by the UK Government and the EU.

http://researchbriefings.files.parliament.uk/documents/CBP-8183/CBP-8183.pdf

(p10) EP resolved...

The EP also reiterated an earlier proposal that an EU-UK association agreement “with a robust and independent dispute resolution mechanism” could provide “an appropriate framework for the future relationship”.

...safeguarding EU agreements with third countries and organisations, including the EEA Agreement;

 (p11)

[May] concluded that it was

A fair settlement for the British taxpayer, who will soon see significant savings compared with remaining in the European Union. It means we will be able to use that money to invest in our priorities at home, such as housing, schools and the NHS, and it means the days of paying vast sums to the European Union every year are coming to an end.

...(p12)

while the Joint Report is not legally binding under the terms of the Article 50 TEU or under the Vienna Convention on the Law of Treaties 1969, the general principle of pacta sunt servanda in international law would require the UK to follow good faith principles in its future dealings with the EU, as it entered the Article 50 negotiations in good faith (which is also a general principle of law recognised in EU law).

(p17/18) Citizen rights - stay

The Withdrawal Agreement will specify procedural safeguards and rights of appeal, which will be as per the Citizens' Directive.

...In line with proposals previously outlined by the UK Government, grounds for exclusion from status based on criminal conduct before the specified date will reflect the provisions in the Directive, but grounds for exclusion based on conduct after the cut-off date will reflect national law (which, in the UK context, is more punitive).

(p18)

The UK Government has indicated that it does not intend to apply the Directive's comprehensive sickness insurance requirement (which applies to self-sufficient people and students) but, unless this commitment is put into the Withdrawal Agreement, it will not be legally binding.

(p20/p21)

The Bill will provide that the citizens’ rights provisions will prevail over other incompatible legislation, unless the Act is expressly repealed by Parliament.

...The requirement for UK courts to have “due regard” to CJEU decisions post-Brexit goes further than the provisions in the European Union (Withdrawal) Bill (which gives UK courts the option to take account of CJEU case law post-Brexit where they consider it appropriate to do so).

(p43, vassal status?)

Michel Barnier may now negotiate a transition period covering the whole of the EU acquis, while the UK, as a third country, will no longer participate in or nominate or elect members of the EU institutions;

• The EU considers that the UK will “continue to participate in the Customs Union and the Single Market (with all four freedoms) during the transition”; “all existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures will also apply, including the competence of the Court of Justice of the European Union”, and the UK “will have to continue to comply with EU trade policy, to apply EU customs tariff and collect EU customs duties, and to ensure all EU checks are being performed on the border vis-à-vis other third countries.”

(p44)

The Treasury Committee has highlighted concerns that a ‘standstill’ transitional arrangement might exceed the EU’s competence under Article 50, such that it could not be negotiated as part of the Withdrawal Agreement

https://publications.parliament.uk/pa/cm201719/cmselect/cmtreasy/473/473.pdf

 

...It is not clear how far the UK could go in negotiating future trade deals during the transition.

 

 

UK-EU Joint Report

https://ec.europa.eu/commission/files/joint-report-negotiators-european-union-and-united-kingdom-government-progress-during-phase-1-negotiations-under-article-50-teu-united-kingdoms-orderly-withdrawal-european-union_en

 

 

EU negotiation documents

Press release

http://europa.eu/rapid/press-release_IP-17-5342_en.htm

 

Supplementary draft negotiating directives,

https://ec.europa.eu/commission/publications/commissions-recommendation-including-supplementary-negotiating-directives_en

 

https://ec.europa.eu/commission/sites/beta-political/files/commissions_recommendation_20-12-2017.pdf (just formalities)

 

https://ec.europa.eu/commission/sites/beta-political/files/annex_commissions_recommendation_20-12-2017.pdf   

14. In line with the European Council guidelines of 29 April 2017, it is also recalled that as from the date of its withdrawal from the Union the United Kingdom will no longer benefit from the agreements concluded by the Union, or by Member States acting on its behalf, or by the Union and its Member States acting jointly. Where it is in the interest of the Union, the Union may consider whether and how arrangements can be agreed that would maintain the effects of the agreements as regards the United Kingdom during the transition period; the United Kingdom should however no longer participate in any bodies set up by those agreements.

15. In line with the European Council guidelines of 15 December 2017, any transitional arrangements require the United Kingdom's continued participation in the Customs Union and the Single Market (with all four freedoms) during the transition. The United Kingdom should take all necessary measures to preserve the integrity of the Single Market and of the Customs Union. The United Kingdom should continue to comply with the Union trade policy. It should also in particular ensure that its customs authorities continue to act in accordance with the mission of EU customs authorities including by collecting Common Customs Tariff duties and by performing all checks required under Union law at the border vis-à-vis other third countries.

20. fishing opportunities during the transition period.

 

NB There may be errors in the guidelines as para 12. refers to Lisbon Treaty Protocol 21, Article 4a - there is none; it should be Protocol 22!

 

 

European Council (Art 50) guidelines of 29 April 2017

http://www.consilium.europa.eu/en/press/press-releases/2017/04/29/euco-brexit-guidelines/

 

 

Negotiations: progress and prospects

Gavin Barwell reassured Remainers

http://researchbriefings.files.parliament.uk/documents/CBP-8183/CBP-8183.pdf (p13)

Theresa May’s Chief of Staff, Gavin Barwell, tweeted that remainers should be “reassured”.

 

Lord Prior on the “softest of soft Brexit”.

https://www.thesun.co.uk/news/4055637/brexit-soft-conservative-hard-eu/

 

 

EU views and draft guidelines

Professor Hussein Kassim, research leader at UKIACE - professor of politics at University of East Anglia  

Negotiating Brexit: what do the UK’s negotiating partners want?

http://ukandeu.ac.uk/research-papers/negotiating-brexit-what-do-the-uks-negotiating-partners-want/

http://ukandeu.ac.uk/wp-content/uploads/2017/10/Negotiating-Brexit-book-NEW.pdf

http://ukandeu.ac.uk/into-phase-ii-how-the-eu27-see-the-outcome-of-the-december-european-council/

 

 

Dashwood reservations on timescale

https://publications.parliament.uk/pa/cm201719/cmselect/cmtreasy/473/473.pdf

 

Joe Egerton, Conservative Group for Europe, Keeping the Bridges Open, on transition

http://www.conservativegroupforeurope.org.uk/keeping-the-bridges-open/

http://www.conservativegroupforeurope.org.uk/wordpress/wp-content/uploads/2017/09/Keeping-the-bridges-open-a-CGE-Policy-Options-Paper.pdf

 

Sir Mike Rake on transition

https://www.standard.co.uk/business/jim-armitage-mps-must-listen-to-sir-mike-rake-if-we-re-to-avoid-decades-of-loss-a3663766.html

https://www.standard.co.uk/business/business-news/city-grandee-we-need-10-years-to-exit-the-eu-a3663856.html

 

 

https://www.politico.eu/article/faq-brexit-phase-two-what-happens-next/

The “joint report” agreed by May and Commission President Jean-Claude Juncker last week calls for “an agreement as early as possible in 2018 on transitional arrangements.”

Barnier has said he believes striking a full trade deal is impossible by the U.K.’s exit date of March 2019. According to him, only a “political declaration” on the framework for future trade would be feasible.

That’s in stark contrast to Brexit Secretary David Davis, who believes that negotiating a “substantive trade deal” is possible in the time available.

...

Bear in mind, however, that Brussels has also floated the idea that the U.K. could temporarily become a member of the European Free Trade Association (EFTA) while both sides transition into their future relationship.

(https://www.politico.eu/article/eu-brussels-suggests-norway-model-for-uk-after-brexit-talks-negotiations/ )

 

 

EU Referendum blog: ‘Impact Assessments’

Impact analyses of vital trading rights that would be lost on leaving the Single Market

http://www.eureferendum.com/blogview.aspx?blogno=86556

 

 

https://www.chathamhouse.org/expert/comment/finding-sensible-brexit

Dr Robin Niblett CMG, Director, Chatham House

A ‘soft’ Brexit might be a good economic outcome for the UK, but it is not politically viable. Instead, a ‘sensible’ Brexit, which retains the best possible levels of access to the EU’s single market but secures the return of sovereign rights, is the way forward.

...

If UK and EU27 regulatory approaches do diverge in the future, the EU could also find itself unable to block British imports without becoming enmeshed in a never-ending series of regulatory challenges and court cases in whatever dispute settlement forums the two sides establish. The EU has demanded a fundamental change to its regulatory arrangements with the Swiss for precisely this reason. Being in constant litigation with a major economic power such as the UK would be an even less palatable prospect.

The EU27 might therefore prefer to negotiate a ‘Canada plus’ agreement, i.e. including a greater number of service and agricultural sectors and an expanded set of regulatory mutual recognition procedures, but within the framework of a more traditional trade agreement. This might also be what other trade partners of the EU demand for the UK.

...

But the most politically damaging outcome for the future of UK–EU relations would be a soft Brexit in which the UK remains tied into the rules of the single market and customs union without a full say in the rule-making

....

delivering a sensible if costly Brexit is feasible.”

 

 

'Canada structuring to prevent a Swiss trap' - AND 'UK knows what it wants'

https://www.politico.eu/article/eu-must-name-its-price-for-post-brexit-trade/

Britain, in other words, knows what it wants. It just doesn’t yet know if it can afford it.

Should the price in terms of regulatory alignment with the EU be too steep, U.K. officials say the government will have to either narrow the scope of the agreement (removing chapters) or make it more shallow (providing less access). Either way, it is for the EU to move next

...

Under the plan envisaged by the U.K., a free-trade deal will set out the sectors of the economy where each side agrees to cooperate on regulation and standards in order to achieve greater access to each other’s markets than would ordinarily be the case under World Trade Organization (WTO) rules.

 

 

European Council President Donald Tusk

http://www.cityam.com/262377/prime-minister-theresa-may-says-free-movement-could-green

Tusk has also said EU leaders won't pursue a punitive approach as "Brexit in itself is already punitive enough".

 

 

Barnier ambitions

https://www.conservativehome.com/platform/2018/01/david-campbell-bannerman-we-need-britains-meps-until-brexit-actually-happens-heres-why.html

 

 

EU Observer news service

EU Observer's 2017 Europe in Review Magazine. (PDF, 20MB)

“Barnier - UK's best friend in Brussels today”,

https://www.yumpu.com/en/document/view/59636303/europe-in-review-2017

Claims he’s done a good job of managing the European Parliament, and is gently pushing for a softer approach in EU, toning down France & Germany

 

Conversely…

https://www.express.co.uk/news/uk/897681/German-support-Brexit-bespoke-trade-deal-Barnier-Davis-May

A Brexiteer MEP has said the evidence is now clear that Britain is leading the way in Brexit negotiations as talks move onto the future trading relationship. Jonathan Arnott, a Ukip MEP, cited the German Foreign Minister's recent remarks as proof that Britain had beat Michel Barnier in setting the Brexit agenda.

 

The German minister Sigmar Gabriel said a "smart" bespoke deal between the UK and the EU could serve as a model for ties with other nations. Mr Gabriel's remarks put him at odds with comments from the EU's Brexit negotiator Michel Barnier, who previously said a bespoke deal for Britain was off the table.

 

 

EU disunity on trade foreseen

https://www.thesun.co.uk/news/5253549/calais-boss-says-he-wants-to-help-britain-after-brexit-as-leaders-warn-the-eu-cant-stay-united-during-trade-talks/

 

 

Ability to negotiate trade deals

http://researchbriefings.files.parliament.uk/documents/CBP-8183/CBP-8183.pdf

...It is not clear how far the UK could go in negotiating future trade deals during the transition.

 

http://brexitcentral.com/uk-eu-deal-say-good-britain/

…a potential olive branch from EU officials later in the day that the UK could be granted formal approval to negotiate trade deals with other countries during the transitional period.

 

http://ec.europa.eu/archives/lisbon_treaty/full_text/index_en.htm

Trade (Common Commercial Policy) an exclusive EU competence, but member states can act when empowered (TFEU Articles 2, 3)

 

 

EU climbdown

Spain on Gibraltar

http://openeurope.us9.list-manage1.com/track/click?u=6d7abc505876d453ea030b48d&id=373c1f1c93&e=3782cc5773          

Spain’s Foreign Minister Alfonso Dastis said, “…what I don’t want to do is jeopardise an EU-UK agreement by subjecting it to a need to alter Gibraltar’s status at the same time. I won’t make an agreement between the EU and the United Kingdom conditional on recovering sovereignty over Gibraltar.”

 

http://researchbriefings.files.parliament.uk/documents/CBP-8183/CBP-8183.pdf  (p6)

The UK will not pay for the relocation of the two London-based EU agencies.

 

http://brexitcentral.com/uk-eu-deal-say-good-britain/

The UK has largely won out in its battle over security, with the agreement allowing both sides to conduct systematic criminality and security checks on EU citizens applying for settled status, against the EU’s original demands

 

The UK scored a victory on healthcare, with the EU agreeing that UK citizens living in the EU will not lose access to the European Health Insurance Card (EHIC) scheme and other existing schemes for healthcare reimbursement

The UK has also secured significant compromises over family reunion rights

The EU’s demand for indefinite ECJ jurisdiction over EU citizens in the UK was clearly unacceptable...Instead, the two sides have reached a compromise…

 

 

Sun, Mail, Express on May’s ‘breakthrough’

https://www.pressreader.com/uk/daily-express/20171209/281479276753148

https://www.pressreader.com/uk/daily-mail/20171209/281479276752982

 

May’s boost in opinion polls

Theresa May’s tough Brexit talk gives Tories 16-point lead in polls  

https://www.express.co.uk/news/politics/738011/Prime-Minster-Theresa-May-Hard-Brexit-Conservatives-16-point-lead-Labour-polls

 

PREM-PIRE STRIKES BACK The Force is with Theresa May in our big Brexit poll as 61 per cent want her to stay at No10 — and her rating’s up against Jeremy Corbyn

https://www.thesun.co.uk/news/5156114/theresa-may-brexit-poll-support-conservative-party/  

Most people, including Remainers, think she made good progress in the first round of talks.

 

 

http://www.telegraph.co.uk/news/2017/12/15/happens-next-brexit-talks/

Minutes later Mr Juncker and Mrs May appear together at a press conference to herald the deal, with the PM declaring it “a hard-won agreement in all our interests”.

 

Pieter Cleppe on impasse (is May the difficult party?)

https://capx.co/who-is-really-to-blame-for-the-brexit-deadlock/

More fundamentally, there is no reason to despair. There was always going to be walkouts and drama during these negotiations and, after all, despite his rather gloomy tone, Barnier also said that after the Florence speech, there was “new momentum” in the talks. The Financial Times notes that despite the “standstill”, the EU side is actually “considering beginning work between the EU27 to “scope” transition terms — or start preparing their positions on the issue — before approving talks in December or later”. Slowly, the doubtful partner in these negotiations is turning out to be the EU.

When it comes to citizens, the EU is refusing to grant UK citizens free movement within the EU – despite asking the status quo for EU citizens in the UK, something that Britain is happy to grant, apart from some very specific rights related to family reunification. The EU is also still sticking to its odd demand for the UK to accept ECJ rule despite the fact it doesn’t have a judge in the ECJ, although some compromise on that is getting nearer, according to David Davis.

 

Interestingly, senior diplomats apparently don’t see the Irish question, which is the third element related to the “divorce stage”, as an obstacle to making “sufficient progress”. When it comes to the transitional period, the UK probably has provided more clarity than the EU by now on what it wants.

 

 

May’s Florence speech and 2017 Conservative Manifesto

https://capx.co/who-is-really-to-blame-for-the-brexit-deadlock/

…apparently Theresa May had been “taking dictation” from the EU for her Florence speech, so it could make sense that he promised May something in return. That would then not be a concession to start “trade talks” but merely “exploratory trade talks”.

 

Text of May’s speech in Florence, 22.09.17

https://www.gov.uk/government/speeches/pms-florence-speech-a-new-era-of-cooperation-and-partnership-between-the-uk-and-the-eu

 

2017 Conservative manifesto - commitments to be broken?

https://www.conservatives.com/manifesto

https://s3.eu-west-2.amazonaws.com/manifesto2017/Manifesto2017.pdf

(page A6, physical page ref.)

We need to deliver a smooth and orderly departure from the European Union and forge a deep and special partnership with our friends and allies across Europe.

(A30)

The best possible deal for Britain as we leave the European Union delivered by a smooth, orderly Brexit.

(A36)

…we will enter the negotiations in a spirit of sincere cooperation and committed to getting the best deal for Britain. We will make sure we have certainty and clarity over our future, control of our own laws,

....

We will maintain the Common Travel Area and maintain as frictionless a border as possible for people, goods and services between Northern Ireland and the Republic of Ireland

...

As we leave the European Union, we will no longer be members of the single market or customs union but we will seek a deep and special partnership including a comprehensive free trade and customs agreement.

...

Our laws will be made in London, Edinburgh, Cardiff and Belfast, and interpreted by judges across the United Kingdom, not in Luxembourg.

...

(Once EU law has been converted into domestic law, parliament will be able to pass legislation to amend, repeal or improve any piece of EU law it chooses, as will the devolved legislatures, where they have the power to do so.)

 

 

EU Courts, Legatum Institute

TEU ‘Article 7’ rules on punishment for serious breaches of EU law

http://ec.europa.eu/archives/lisbon_treaty/full_text/index_en.htm

 

Charles Grant of CER for the European Parliament, on how to get a better deal

http://www.europarl.europa.eu/RegData/etudes/IDAN/2017/583130/IPOL_IDA(2017)583130_EN.pdf    

"It is true that the EU’s FTAs with other countries include arbitration mechanisms that do not

involve the ECJ….

 

James Arnell on European Courts

https://www.conservativehome.com/platform/2017/11/james-arnell-ready-on-day-one-for-brexit-3-urgent-transition-issues.html

My personal view is that allowing a limited role for the ECJ in these areas should be considered, and that this would make the resolution of some of these cross-border issues easier in the timeframe available. While, technically, this assumes a deal, I think we would be pushing at an open door, and that the EU would see the acceptance of ECJ jurisdiction as a major concession.

...

The UK is a member of the ECAA, which is policed by the ECJ. If we leave the ECAA, our airlines will need to do some contortions to allow them to continue to operate between the UK and the EU, but it looks to be manageable.

 

 

International legal dimension

(e.g.) The Principle of Sincere Cooperation in EEA Law

https://link.springer.com/chapter/10.1007/978-3-319-45189-3_4

The principle of “sincere cooperation” is stated in the EEA Agreement in the same terms as in the Treaty on the European Union, but the principle has developed in the case law of the EFTA Court so as to be even more important than in the EU. This is because the principle has been used to resolve some important ambiguities in the EEA Agreement

 

Similarly, “good faith” is prescribed by the Vienna Convention on wider international treaties

http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

 

“Sincere cooperation” is also mentioned in the 2017 Conservative manifesto.

 

UN Charter and Resolutions 

http://legal.un.org/avl/ha/dpilfrcscun/dpilfrcscun.html

https://www.usnwc.edu/getattachment/721cb2a7-876b-4cbf-91a3-4cbc19f1a593/The-Law-of-Economic-Sanctions.aspx

UN Resolution 2625 aka the 1970 UN "Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations" says

 

“No State may use or encourage the use of economic, political or other types or measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights or to secure from it advantages of any kind.”

 

It is accepted as a valid lens for interpreting the UN Charter in international law.

(NB UN sanctions are obviously a separate issue concerning very different cases, such as aggressor states.)

 

UN Charter 

Article 1.2  [The Purposes of the United Nations are:] To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

 

Article 2.2 All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.

 

2.4 All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

 

Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

 

 

WTO waiver

http://www.politico.eu/article/britain-10-year-interim-zero-for-zero-trade-deal-brexit/

Under a little-known WTO clause, the U.K. and Brussels would be allowed a “reasonable length of time” after Brexit to agree a free-trade deal before trade law would force both sides to impose the same tariffs on each other as they do on everybody else

 

Pascal Lamy on WTO waiver

https://www.chathamhouse.org/expert/comment/pascal-lamy-way-forward-after-brexit

Q: What about the role of the World Trade Organization? You were director-general for eight years, you know it very well. Do you think that if the British were forced to fall back on just WTO rules, is that easily done?

A: I think it can be easily done, provided there is a bit of goodwill on all sides. WTO lawyers can be reasonably pragmatic and if we agree that the main thing is that trade should be hampered as little as possible, I think that’s not the most complex problem we’ll have to solve. You just have to know that

there is a level of trade openness today, which is the [EU] internal market.

 

 

Lamy, 5-6 years to negotiate a comprehensive EU-UK Free Trade Agreement

http://www.freetradeagreements.co.uk/projects/pascal-lamy/

On 16 March 2017, I had the opportunity to attend a presentation by former head of the World Trade Organization and former European Commissioner for Trade, Pascal Lamy, at the Institute for Government.

 

One of the key points discussed by Mr Lamy concerned the fact that any agreement other than remaining in the single market would be costly. Once the UK leaves the EU, compliance with regulations and customs procedures will lead to increased costs for both sides.

 

Mr Lamy also offered his cockpit view on the complexity of negotiating a post-Brexit scenario, dividing the issues into three groups:

1) The ‘relatively straightforward’ category included establishing an EU-UK Free Trade Agreement on goods and the division of the WTO schedules and quotas.

2) Environmental provisions, public procurement and trade defence actions such as anti-dumping were in the ‘fairly complex’ category.

3) Finally, Mr Lamy listed standards (technical, safety and security) and their mutual recognition and equivalence together with indirect and direct taxation and IP rights as the most complicated issues to be negotiated over the next couple of years.

 

You can watch a recording of the event here.

https://www.instituteforgovernment.org.uk/events/pascal-lamy-brexit-trade-and-wto

 

https://www.instituteforgovernment.org.uk/blog/pascal-lamy-brexit-trade-deal-not-possible-two-years

The real issue is that the EU-UK negotiations will involve “100 small steps” and “some of these steps can be easy, but many of them are very complex and complexity in negotiations means time”. Lamy categorises the issues for an EU-UK FTA into the “relatively simple”, “complex” and the “really complex”:

Relatively simple

Complex

Really complex

Goods and tariffs 

Trade defence

Technical standards

Establishing the UK in the WTO

Public procurement

Services

Maintaining existing EU FTAs

Climate change and environment policy

Taxes

Fisheries

Competition law and its enforcement

Intellectual property (IP) protection

Erasmus programme

EU research and innovation

Euratom 

 

 

Brexit blockers

Nick Clegg book on ‘How to stop Brexit’

http://brexitbooks.com/2017/11/01/review-nick-clegg-stop-brexit/

 

Sir Vince Cable MP

https://www.thesun.co.uk/news/5252150/vince-cable-slammed-for-saying-hell-use-house-of-lords-to-block-brexit-even-though-he-wants-to-abolish-it/

 

 

Article 50’ notice to leave is reversible?

Can Brexit Be Stopped under EU Law?

https://ukconstitutionallaw.org/2017/10/10/cormac-mac-amhlaigh-can-brexit-be-stopped-under-eu-law/

https://ukconstitutionallaw.org/2017/10/16/robert-craig-why-an-act-of-parliament-would-be-required-to-revoke-notification-under-article-50/

Robert Craig, LSE Law School and Durham Law School

 

 

All Party Parliamentary Group on EU Relations

http://www.eurelations.uk/about

http://www.eurelations.uk/secretariat

http://brexitcentral.com/remainers-newfound-love-parliamentary-sovereignty-hypocrisy-finest/

 

Evening Standard on Michel Barnier

https://www.standard.co.uk/news/politics/barnier-theres-no-going-back-on-brexit-divorce-deal-a3718331.html

 

Martin Howe QC on Grieve’s ‘meaningful vote’ amendment, on civil servant drafting

http://brexitcentral.com/meaningful-vote-exit-date-amendments-really/

 

 

Susan Elan Jones MP’s call for a second referendum

http://brexitcentral.com/23-mps-voted-second-referendum/

 

Lucy Harris, the Independent opposing a second referendum

http://www.independent.co.uk/voices/second-referendum-freedom-to-say-no-against-democracy-eu-a8106236.html

 

 

Free movement after Brexit

Free movement after Brexit: Policy Options, J.Portes, UK In A Changing Europe

http://ukandeu.ac.uk/wp-content/uploads/2017/11/Free-movement-after-Brexit-policy-options.pdf

http://ukandeu.ac.uk/research-papers/free-movement-after-brexit-policy-options/

It concludes that such modifications are practical and feasible; they would preserve the principle that EEA citizens could move to the UK to look for and take up work, while giving the UK public greater assurance that migration from the rest of the EEA was monitored and, where appropriate, controlled. In particular, the introduction of a “Swiss-style” system of temporary and targeted region and/or occupation specific controls on the employment of new EEA migrants would be feasible

 

Welfare tourism and the NHS

https://www.conservativehome.com/platform/2018/01/j-meirion-thomas-the-new-rules-aimed-at-preventing-health-tourism-are-toothless-and-leave-the-nhs-wide-open-to-abuse.html

 

 

General comment

Dr Savvas Savouri, chief economist and partner at Toscafund Asset Management

http://www.cityam.com/278116/forget-fake-news-uks-economic-prospects-look-bright

 

https://www.politico.eu/article/the-germans-are-coming-united-states-of-europe-martin-schulz/  

If his call for a U.S. of E weren’t enough of a jaw dropper, Schulz added that any country that refused to jump on board by 2025 should be kicked out of the EU altogether.

“Schulz is alienating those countries in Eastern Europe and Scandinavia that are opposed to closer integration and that want to preserve the role of national governments,” said Lüder Gerken, head of Centrum für Europäische Politik, a Freiburg-based think tank.

 

https://www.express.co.uk/news/uk/897686/Tony-Blair-European-Union-populism-Brexit-Italy-Poland-Hungary-Czech-Republic-report

Mr Blair's Institute for Global Change said populism could become the "new normal" in Europe and "transform public policy in radical ways".

Research found the share of the vote taken by populist parties has almost trebled since 2000, rising from 8.5 percent to 24.1 percent.

...

In Italy, the institute's dossier says, the Eurosceptic Five Star Movement is likely to "perform very well in the March 2018 elections".

The party, which has hinted at holding a referendum on Italy's Eurozone membership, is soaring in popularity according to opinion polls.

The document also admits Hungary and Poland's governments, which have both been locked in furious disputes with the EU, "are as popular as ever".

 

http://www.thecommentator.com/article/6704/eu_propaganda_and_a_frightening_roadmap_to_federalism

The plans outlined in the report, innocuously titled ‘Reaching Out to EU Citizens: A New Opportunity’, detail an Orwellian-scaled propaganda project and a roadmap towards a fully federalised European Union.

The dossier, written by Luc Van den Brande -- Special Adviser to the President of the European Commission, Jean-Claude Juncker -- aims to provide solutions to safeguard their fading federalist fantasies.

... it is “necessary to mobilise these young adults in support of the European process”. Identifying the older generation’s natural inclination towards the nation state as an obstacle, the report takes a longer-term view, and calls for a radical new approach, aimed at the young.

The most shocking feature of the report hints that children as young as four should undergo a centrally planned ‘European’ education. It advises that children and adolescents should be continually taught this programme throughout their entire time within the education system.

 

Dr. Alan Sked masterpiece on university culture

http://ukandeu.ac.uk/brexit-and-universities/

 

Niccolo Machiavelli quotes

http://www.azquotes.com/author/9242-Niccolo_Machiavelli/tag/change

“There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things.”  

 

“The reformer has enemies in all who profit by the old order, and only lukewarm defenders in all those who would profit by the new order”.    

 

“It should be borne in mind that there is nothing more difficult to arrange, more doubtful of success, and more dangerous to carry through than initiating changes. The innovator makes enemies of all those who prospered under the old order, and only lukewarm support is forthcoming from those who would prosper under the new.”

 

 

 

This page updated: 6 Jan 2018

 

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