The European Commission has published on 15 March 2018 a revised version of the draft Withdrawal Agreement between the EU and the UK previously published on 28 February 2018, following consultation with the Member States and the European Parliament. The revised document has been transmitted to the UK for negotiation.
We have prepared a comparison document which shows the changes that have been made since the draft Article 50 Withdrawal Agreement of 28 February 2018. Please, click here to read the full document.
In her Brexit speech on 2 March 2018, Prime Minister Theresa May highlighted broadcasting as a key priority in the ongoing negotiations with the EU.
This follows a warning that Britain’s status as a global broadcasting hub is under threat if broadcasters based in the UK do not have continued access to the EU.
Regulation of broadcast services in this country currently derives, in part, from the EU’s Audiovisual Media Services Directive (“AVMSD”).
The House of Commons Committee on Exiting the European Union publishes the analysis of the Department for Exiting the EU on the impact of an EEA-type, FTA-type, and WTO Brexit scenarios on UK’s industries with a short sector narrative of the Chemicals, Financial Services, and Professional and Business Services industries. The Committee published the documents in full with the exception of an annex identified by the Department for Exiting the EU as sensitive to the ongoing EU-UK negotiations.
To read the full paper ‘EU Exit Analysis: Cross Whitehall Briefing’, please click here.
Donald Tusk, President of the European Council, has today issued the draft negotiating guidelines of the EU 27 Member States on the post-Brexit trade relationship between the EU and the UK. The draft will now be discussed among the remaining EU Member States.
Please, click here to read the full document.
The latest in our View from Brussels commentaries on the Brexit negotiations examines one of the contradictions in the EU’s negotiating position – the inconsistency between refusing to negotiate the future relationship until the UK has left the EU while insisting that the relationship of the EU with Northern Ireland be regulated in a legal text before Brexit occurs.
Click here to read the full briefing.
Click here to visit our Brexit hub page.
The post below was first published on our Litigation blog
So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU’s draft withdrawal agreement, published last week, is largely consistent with its previously declared negotiating position, as set out in its June 2017 position paper outlined here. (The relevant provisions of the draft withdrawal agreement are summarised at the end of this post.)
An important distinction, however, is that references to the date of the UK’s withdrawal from the EU have been replaced with references to the end of the transition period following the UK’s withdrawal. So, if arrangements for a transition period can be agreed more generally, the existing arrangements relating to choice of law, jurisdiction and enforcement of judgments will continue at least until the end of that period, and beyond in some respects as outlined below.
The post below was first published on our PIL blog
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made any secret of its intention for the CJEU to adjudicate on disputes between the UK and the EU over the interpretation of, and compliance with, the Withdrawal Agreement. Yesterday the EU released a draft Withdrawal Agreement for the UK’s consideration which contains a state-to-state dispute resolution provision which is consistent with that approach. This post provides an initial reaction to this draft provision.
The European Commission has today published the draft Withdrawal Agreement between the EU and the UK. The draft Withdrawal Agreement translates into legal terms the European Commission’s view of the 8 December 2017 Joint Report from the negotiators of the EU and the UK Government on the progress achieved during phase 1 of the negotiations, published on 8 December 2017, and proposes text for those outstanding withdrawal issues which are mentioned in, but not set out in detail, in the Joint Report. It also integrates the text on the transition period, based on the supplementary negotiating directives adopted by the Council on 29 January 2018. The Commission has presented this draft now to first allow for time for consultation with the Member States and the European Parliament and, subsequently, for negotiation with the UK.
This document sets out the United Kingdom’s approach to the legal text of the transitional period to be provided for in the Withdrawal Agreement. It responds with a number of amendments to the EU draft position paper on the transitional arrangements in the Withdrawal Agreement adopted on 7 February 2018.
Click here to view the Draft Text For Discussion: Implementation Period and here to follow the EU paper on the same topic.