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EU Article 50 Taskforce

The EU Taskforce on Article 50 negotiations with the UK is in charge of preparing and conducting the negotiations with the UK, taking into account the framework of its future relationship with the European Union.

It is responsible for coordinating the European Commission’s work on all strategic, operational, legal and financial issues related to negotiations with the United Kingdom

Details at

https://ec.europa.eu/info/departments/taskforce-article-50-negotiations-united-kingdom_en

The Chief Negotiator is Michel Barnier and the deputy Chief Negotiator is Sabine Weyand.

Here is an organisation chart of the team dated April 2017

The Great Repeal Bill

The European Communities Act 1972 (ECA) accepted the supremacy of EU law in the UK. The principle of supremacy says that EU law prevails if it conflicts with national law.

The Great Repeal Bill is legislation which will be introduced in the UK to end the supremacy of EU law in the UK.

On the day that the UK officially leaves the EU the European Communities Act 1972 will be repealed and all EU laws currently in force will be converted into UK law.

A White Paper: Legislating for the United Kingdom’s withdrawal from the European Union was presented to Parliament by the Secretary of State for Exiting the European Union, David Davis, on 30 March 2017.

The paper outlines the approach the UK Government will take in order to replace EU laws by equivalent UK laws.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604514/Great_repeal_bill_white_paper_print.pdf

In his statement to Parliament David Davis said

We have been clear that we want a smooth and orderly exit – and the Great Repeal Bill is integral to that approach. It will provide clarity and certainty for businesses, workers and consumers across the United Kingdom on the day we leave the EU.

The complete statement is available at

https://www.gov.uk/government/speeches/david-davis-commons-statement-on-the-great-repeal-bill-white-paper

Other References

European Communities Act 1972

http://www.legislation.gov.uk/ukpga/1972/68/contents

European Union Act 2011

http://www.legislation.gov.uk/ukpga/2011/12/contents

How the EU works: EU law and the UK

https://fullfact.org/europe/eu-law-and-uk/

EU Law Terminology:

Direct Effect

https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/direct-effect

Regulations
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/regulations

Directives
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/directives

Treaty Provisions
https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/treaty-provisions

UK invokes Article 50

The UK

On the 29 March 2017, Prime Minister Theresa May wrote to European Council President Donald Tusk to notify him of the UK’s intention to leave the EU. The letter was delivered by Sir Tim Barrow, the UK’s ambassador to the EU.

https://www.gov.uk/government/publications/prime-ministers-letter-to-donald-tusk-triggering-article-50

….
Today, therefore, I am writing to give effect to the democratic decision of the people of the United Kingdom. I hereby notify the European Council in accordance with Article 50(2) of the Treaty on European Union of the United Kingdom’s intention to withdraw from the European Union. In addition, in accordance with the same Article 50(2) as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community, I hereby notify the European Council of the United Kingdom’s intention to withdraw from the European Atomic Energy Community.

The letter is 6 pages long and outlines the UK’s approach to negotiations suggesting a number of principles that could be adopted in an attempt to ensure that the negotiations proceed as smoothly as possible:

  1. We should engage with one another constructively and respectfully, in a spirit of sincere cooperation
  2. We should always put our citizens first
  3. We should work towards securing a comprehensive agreement
  4. We should work together to minimise disruption and give as much certainty as possible
  5. We must pay attention to the UK’s unique relationship with the Republic of Ireland and the importance of the peace process in Northern Ireland
  6. We should begin technical talks on detailed policy areas as soon as possible, but we should prioritise the biggest challenges
  7. We should continue to work together to advance and protect our shared European values

The letter also mentions a White Paper will be released tomorrow (30 March 2017) which will provide details of legislation to repeal the European Communities Act 1972 which gives effect to EU law in the UK. (This legislation is also known as the Great Repeal Bill.)

Theresa May gave a statement on the letter in Parliament details of which can be found at

https://www.gov.uk/government/speeches/prime-ministers-commons-statement-on-triggering-article-50

The EU

Donald Tusk responded to the notification letter and mentioned

So, here it is, six pages: the notification from Prime Minister Theresa May, triggering Article 50 and formally starting the
negotiations of the United Kingdom’s withdrawal from the European Union. There is no reason to pretend that this is a happy
day, neither in Brussels, nor in London. After all, most Europeans, including almost half the British voters wish that we would stay together, not drift apart. As for me I will not pretend that I am happy today.

….

On Friday I will share a proposal of the negotiating guidelines with the Member States, to be adopted by the European Council on 29 April.

Full details are available at

http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-tusk-remarks-uk-notification/

A Statement by the European Council (Art. 50) on the UK notification was also issued.

For the European Union, the first step will now be the adoption of guidelines for the negotiations by the European Council. These
guidelines will set out the overall positions and principles in light of which the Union, represented by the European Commission,
will negotiate with the United Kingdom.

In these negotiations the Union will act as one and preserve its interests. Our first priority will be to minimise the uncertainty
caused by the decision of the United Kingdom for our citizens, businesses and Member States. Therefore, we will start by
focusing on all key arrangements for an orderly withdrawal.

We will approach these talks constructively and strive to find an agreement. In the future, we hope to have the United Kingdom as
a close partner.

President Tusk has convened the European Council on 29 April 2017.

Full details are available at

http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-euco-50-statement-uk-notification/

What happens next ?

The withdrawal agreement must be negotiated in accordance with Article 218 (3) of the Treaty on the Functioning of the European Union.

Step 1
An extraordinary European Council will be convened by the President of the European Council, Donald Tusk. (This will happen on 29 April).
The European Council will adopt by consensus a set of guidelines on the orderly withdrawal of the United Kingdom from the European Union. These guidelines will define the overall principles that the EU will pursue during the negotiations based on the common interest of the European Union and of its Member States.

Step 2
After the adoption of the guidelines, the Commission will very quickly present to the Council a recommendation to open the negotiations. This will be agreed by the College of Commissioners, 4 days after the meeting of the European Council.

Step 3
The Council will then need to authorise the start of the negotiations by adopting a set of negotiating directives. They must be adopted by strong qualified majority (72% of the 27 Member States, i.e. 20 Member States representing 65% of the population of the EU27).
Once these directives are adopted, the Union negotiator, as designated by the Council, is mandated to begin negotiations with the withdrawing Member State.

Research Papers from the EU

The Brexit Negotiations: An Assessment Of The Legal, Political And Institutional Situation In The UK

is an in-depth analysis on the political and institutional situation in the United Kingdom following the referendum on the UK’s withdrawal from the EU, and was prepared by Charles GRANT from the Centre for European Reform.

This research paper was requested by the European Parliament’s Committee on Constitutional Affairs (AFCO) and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs.

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

In a number of findings the research concludes that:

The outcome of the Brexit talks will be shaped to a large degree by the EU governments. They are mostly united in taking a hard line. Worried about the cohesion and unity of the EU, they do not want populist leaders to be able to point to the British and say, “They are doing fine outside the EU, let us go and join them.” Exiting must be seen to carry a price.

There are only three possible outcomes of the Brexit talks:

  • a separation agreement plus an accord on future relations including an FTA;
  • a separation agreement but no deal on future relations, so that Britain has to rely on WTO rules;
  • neither a separation agreement nor a deal on future relations, so that Britain faces legal chaos and has to rely on WTO rules

The Impact and Consequences of Brexit for Northern Ireland

is a Briefing paper prepared by Jonathan Tonge from the University of Liverpool in the UK on behalf of European Parliament’s Committee on Constitutional Affairs (AFCO).

http://www.europarl.europa.eu/RegData/etudes/BRIE/2017/583116/IPOL_BRI(2017)583116_EN.pdf

The paper explores the legal position and other issues concerning Northern Ireland in relation to the UK and Ireland and discusses a number of topics:

  • The Legal position
    • UK government legislative dominance over the Northern Ireland Assembly
    • Challenges to the UK government’s domination of the EU withdrawal process
    • The legal upholding of the UK government’s position
    • The impact of EU withdrawal upon legislation for Northern Ireland
  • Issues relating to the Good Friday Agreement
    • Political stances on EU withdrawal
    • The Good Friday Agreement and Northern Ireland Assembly legislation
    • The Good Friday Agreement and EU membership
    • EU membership references in the Good Friday Agreement
    • How can the Good Friday Agreement be revised?
  • Implications of Brexit for Northern Ireland
    • Issues of free movement: The Common Travel Area
    • Cross-border trade, tariffs and the Customs Union

References

More research and analysis papers from the EU can be found at
http://www.europarl.europa.eu/supporting-analyses

The Centre for European Reform is a think-tank devoted to making the EU work better, and strengthening its role in the world. They are pro-European.
https://www.cer.org.uk

Brexit Negotiations – Who’s Who

by Politicker 0 Comments

Theresa May has indicated that she will invoke Article 50 on Wednesday 29 March 2017. This is the formal notification required to indicate the intention of the UK to withdraw from the EU.

Significant figures in the Brexit negotiations are:

For the UK

Theresa May – Prime Minister, UK

David Davis – Secretary of State for Exiting the EU

Boris Johnson – Foreign Secretary

Philip Hammond – Chancellor of the Exchequer

Liam Fox – Secretary of State for International Trade

For the EU

The UK will be in negotiation with all 3 EU institutions, the European Commission, European Council and European Parliament represented by:

Michel Barnier – European Commission Chief Brexit Negotiator

Didier Seeuws – Council Special Taskforce Chief Negotiator

Guy Verhofstadt – European Parliament Chief Negotiator on Brexit

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