Did Brexit Change EU Law

Did Brexit Change EU Law? Date: October 25, 2023 Presented by: Kate Aubrey-Johnson (Garden Court Chambers) Lecture Overview - Growing EU law - Changing EU law? -  The crafting - and consequences - of an 'orderly withdrawal'  The reach of mutual trust Implications Changing EU Law - The Crafting Of An Orderly Withdrawal' - D/Tusk statement, 24 June 2016 There's no hiding the fact that we wanted a different outcome of yesterday's referendum. I am fully aware of how serious, or even dramatic, this moment i politically. And there's no way of predicting all the political consequences of this event, especially for the UK. It is a historic moment but for sure not a moment for hysterical reactions. I want to reassure everyone that we are prepared also for this negative scenario. As you know the EU is not only a fair-weather project. Over the past two days I have spoken to all the EU leaders, I mean Prime Ministers and Presidents as well as heads of the EU institutions, about the possibility of a Brexit. Today, on behalf of the twenty-seven leaders I can say that we are determined to keep our unity as twenty-seven. For all of us, the Union is the framework for our common future. I would also like to reassure you that there will be no legal vacuum. Until the United Kingdom formally leaves the European Union, EU law will continue to apply to and within the UK. And by this I mean rights and obligations. All the procedures for the withdrawal of the UK from the EU are clear and set out in the Treaties....I will also propose to the leaders that we start a wider reflection on the future of our Union. Finally, it's true that the past years have been the most difficult ones in the history of our Union. But I always remember what my father used to tell me: What doesn't kill you, makes you stronger. - European Council, 28 June 2016 'The European Council meeting focused on the political consequences of the UK referendum. Prime Minister David Cameron presented the situation in the country after the vote and undertook that the decision to trigger article 50 of the Treaty on European Union would be taken by the new leadership in Britain. "Leaders understand that some time is now needed to allow the dust to settle in the UK. But they also expect the intentions of the UK government to be specified as soon as possible," said President Tusk at the press conference after the meeting'. - D/Tusk after informal meeting of EU27, 29 June 2016 'Leaders are absolutely determined to remain united and work closely together as 27. We reconfirmed that Britain's withdrawal from the European Union must be orderly and there will be no negotiations of any kind until the UK formally notifies its intention to withdraw. We hope to have the UK as a close partner in the future. It is up to the British government to notify the European Council of the UK's intention to withdraw from the EU. Leaders made it crystal clear today that access to the single market requires acceptance of all four freedoms, including the freedom of movement. There will be no single market "a la carte". We also discussed the fact that there are too many people in Europe who are unhappy with the current state of affairs and who expect us to do better. Many recalled that for decades Europe was bringing hope and that we have a responsibility to return to that. As you know it was a first exchange of 27 leaders after the British referendum and so it would be too early to draw conclusions. This is why we have started a political reflection on the future of EU with 27 states and will meet on 16 September in Bratislava to continue talks' - Statement After Informal Meeting Of EU27, 29 June 2016 'There is a need to organise the withdrawal of the UK from the EU in an orderly fashion. Article 50 TEU provides the legal basis for this process' (para. 2) 'Once the notification has been received, the European Council will adopt guidelines for the negotiations of an agreement with the UK. In the further process the European Commission and the European Parliament will play their full role in accordance with the Treaties' (para. 3) 'Any agreement, which will be concluded with the UK as a third country, will have to be based on a balance of rights and obligations. Access to the Single Market requires acceptance of all four freedoms' (para. 4) - European Council (Article 50) April 2017 Guidelines The United Kingdom's decision to leave the Union creates significant uncertainties that have the potential to cause disruption, in particular in the United Kingdom but also, to a lesser extent, in other Member States. Citizens who have built their lives on the basis of rights flowing from the British membership of the EU face the prospect of losing those rights. Businesses and other stakeholders will lose the predictability and certainty that come with EU law. It will also have an impact on public authorities. With this in mind, we must proceed according to a phased approach giving priority to an orderly withdrawal... Throughout these negotiations the Union will maintain its unity and act as one with the aim of reaching a result that is fair and equitable for all Member States and in the interest of its citizens... The European Council will remain permanently seized of the matter, and will update these guidelines in the course of the negotiations as necessary’ - 'Core Principles' European Council (Article 50) April 2017 Guidelines 1. Any agreement with the United Kingdom will have to be based on a balance of rights and obligations, and ensure a level playing field. Preserving the integrity of the Single Market excludes participation based on a sector-by-sector approach. A non-member of the Union, that does not live up to the same obligations as a member, cannot have the same rights. and enjoy the same benefits as a member. In this context, the European Council welcomes the recognition by the British Government that the four freedoms of the Single Market are indivisible and that there can be no "cherry picking". The Union will preserve its autonomy as regards its decision-making as well as the role of the Court of Justice of the European Union. 2. The Union will approach the negotiations with unified positions, and will engage with the United Kingdom exclusively through the channels set out in these guidelines and in the negotiating directives. So as not to undercut the position of the Union, there will be no separate negotiations between individual Member States and the United Kingdom on matters pertaining to the withdrawal of the United Kingdom from the Union. - Council Negotiating Directives (22 May 2017 ) , para. 4 'The Agreement will be negotiated in the light of the European Council guidelines and in line with the negotiating directives. The negotiating directives build on the European Council guidelines by developing the Union's positions for the withdrawal negotiations in full respect of the objectives, principles and positions that the guidelines set out. The negotiating directives may be amended and supplemented as necessary throughout the negotiations, in particular to reflect the European Council guidelines as they evolve'