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European Court of Justice Clarifies Legal Issues: Can The British Just Step Back From Brexit?

Europe How does British exit Brexit affects the EU?
NOV 28, 2018 LISTEN
How does British exit (Brexit) affects the EU?

The European Court of Justice is currently clarifying the question of whether Britain could withdraw from the Brexit Treaty - without the consent of the other EU countries. The decision will be made soon.

Could the UK theoretically unilaterally withdraw the EU withdrawal? An expert of the European Court of Justice (ECJ) now has to deal with this question. As the ECJ announced following a public hearing on the subject, Spanish Advocate General Manuel Campos Sánchez-Bordona was commissioned to draw up the legal analysis. On this basis, the ECJ wants to make a final decision, if possible before the Brexit vote in the British Parliament on 11 December.

According to the European Court of Justice, the case is based on a request from the Scottish civil court (Court of Session), which was called by members of the Scottish Parliament, the British Parliament and the European Parliament(MEPS). MEPs want to know if, in addition to parliamentary approval of the withdrawal agreement or withdrawal from the EU without a withdrawal agreement, there is theoretically a third alternative. That would be the withdrawal of the Brexit Declaration and the whereabouts of the EU.

Lower House votes on EU withdrawal agreement: In the British House of Commons will be voted on 11 December on the EU exit agreement, according to current planning. If the judges judge that Britain can theoretically retract the EU withdrawal statement without the consent of the other 27 member states, this could be one more reason for Brexit opponents to vote against the withdrawal agreement. Because many Brexit hard-liners reject the agreement because of the further narrow EU connection, a parliamentary approval is already considered very unlikely. What would happen in the event of a refusal is currently open.

EU citizens in Britain and Britons in the EU: The treaty assures that the more than three million EU citizens in the UK and one million Britons on the mainland can continue to live as they did after the transition period. This includes, among other things, their right to residence, employment, family reunification, social security and recognition of professional qualifications. But if the contract were not in force, this legal certainty would be missing. However, emergency agreements would be concluded on a reciprocal basis.

The European taxpayer: The UK affirms in the contract to stand for financial obligations from the time of its EU membership. London will continue to pay contributions to the EU budget by the end of the transitional period. In addition, the UK is paying a share of long-term burdens, such as pension payments for EU officials. The sum is not in the contract, but only "a fair calculation method".

It is estimated that at least 45 billion Euros are still flowing from London to Brussels. Without the contract, EU taxpayers would have to step in. Already in 2019, according to information from the European Parliament, a hole of about 12 billion Euros would be torn, that will mean a financial lost to the European Union.

Goods manufacturers: Goods with a product approval may also be sold after the end of the transition phase without the need for a special label. This applies, for example, to toys, clothing and cosmetics, but also to medicines and medical devices. Excluded are live animals and animal products. Trademark rights should remain untouched on both sides.

Crooks and criminals: Anyone who is wanted by the British arrest warrant at the end of the transitional period and caught in the EU should not feel too safe. The withdrawal agreement ensures that such suspects are delivered to each other.

Brexit only noticeable after the transitional phase: The agreement should therefore provide legal certainty until the end of the transitional phase, because only then will Brexit really come to fruition. What will happen after that is to be clarified in a comprehensive trade and partnership agreement. So far, there is only a 26-page letter of intent, which was also approved on Sunday at the summit.

The central point is the vision of a "free trade zone, the deep cooperation in rules and customs". There should be no tariffs or quotas. If the exit agreement fails, then this basis of future relations will be lacking.

Francis Tawiah (Duisburg - Germany)

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