Following the UK's withdrawal from the EU on 31 January 2020,
Brexit transition period", which began on 1 February 2020 and ended on 31 December 2020. This allowed for a period of time to negotiate a bilateral trade agreement
between the UK and the EU.
Developments
Timeline
23 January 2023: Shadow Foreign Secretary David Lammy, in a speech at Chatham House, announced that if elected the next Labour government would use the next scheduled review of the TCA to increase cooperation with the EU.[1]
Opinion polling on the United Kingdom rejoining the European Union (2020–present)
Since May 2022, opinion polling has shown a steady increase in the numbers of Britons seeking to rejoin the European Union, with the number polled opting to stay outside the EU declining.
In November 2022, 53% of Brits polled would opt to re-join the EU if another referendum were held, with 34% opting to stay out (14% unsure).[3]
customs union. Furthermore for all international agreements the EU entered into, the EU participation does not include the UK since 1 January 2021.[4]
Those definitive changes could create difficulties which might be under-estimated, according to Michel Barnier:[4]
re-introduction of customs formalities, as was the case before UK membership, for every product imported and exported to and from the EU and the UK
end of financial passporting rights for the UK services sector
end of
Community preference
to all goods, trade and people from the UK in EU member states
UK product certification will no longer be recognized within the EU
imposition of
EU citizenship
for UK workers
Post-Brexit negotiations have tried to create an ambitious pact between the UK and the EU to avoid disruption as much as possible, according to Michel Barnier.[4]
UK membership of the European Economic Area
Main article:
Membership of United Kingdom in the European Economic Area
The UK could have sought to continue to be a member of the
The EEA Agreement and the agreement with Switzerland cover free movement of goods, and
free movement of people.[15][16] Many supporters of Brexit want to restrict freedom of movement;[17] the Prime Minister ruled out any continuation of free movement in January 2017.[6]
In 2023, the French government proposed legislation allowing British people who own a home in France to stay there without limit, but the Constitutional Court rejected it as unconstitutional. Therefore, like other visa-free nationals, they can stay in France for a maximum of 90 days per 180-day period, unless they get a residence permit.[18]
Legal Issues
European Court of Justice
Following Brexit, decisions of the
preliminary references to the ECJ.[19]Preliminary rulings from this procedure would have full legal weight in the UK, just as any other preliminary ruling would in an EU member state.[20]
A prominent example of a post-Brexit case involving the UK at the ECJ was an infringement action brought by the Commission (Commission v. United Kingdom, Case C-516/22). The Commission sought to overturn a
ICSID Convention, as Romania reneged on the payout of these incentives. They sued simultaneously in EU member states and the UK. In 2014, the Commission issued a decision (C(2014) 3192), which deemed this type of compensation contrary to EU law.[22] In February 2020, however, the UK Supreme Court found that the Miculas were entitled to compensation.[23] However, the UK Supreme Court did not send a preliminary reference to the ECJ to decide on the compatibility of their ruling with EU law as this case was also pending within the EU legal system.[23] The failure of the UK Supreme Court to submit a preliminary reference prompted the Commission to sue the UK for an infringement action.[21] In March 2024, the ECJ ruled that the UK had "failed to fulfill its obligation" as a member state when awarding compensation in this case.[22] Although this decision is binding according to Article 89 of the withdrawal agreement, it remains to be seen how and if the UK will comply with this decision, especially considering the contemporary hostile attitude towards the ECJ within British politics.[19][24]
Science and technology
Scientific research
The UK and EU came to an agreement in September 2023 for the United Kingdom to rejoin the European Union's funding programme for scientific research, Horizon Europe.[25]
One aspect of the final withdrawal agreement is the specific or unique status of Northern Ireland.[26] The Northern Ireland Protocol that is part of the agreement provides (inter alia)
Northern Ireland remains legally in the UK Customs Territory, and can be part of any future UK trade deals, as long as it is consistent with the Protocol. This results in a de jure customs border on the island of Ireland, between Northern Ireland and the Republic of Ireland.[27][28]
Great Britain is no longer in a customs union with the European Union. Northern Ireland is also no longer legally in the EU Customs Union, but remains an entry point into it, creating a de facto customs border down the Irish Sea.[29][27][28]
Level playing field provisions
applying to Great Britain have been moved to the non-binding Political Declaration, although they are still present for Northern Ireland within the protocol.
The UK needs to follow — in respect of Northern Ireland — EU regulations with regards to trade in goods and to implement future changes of those regulations;
The Court of Justice has jurisdiction with regards to non-compliance of the UK with parts of the protocol as well as with the application of the trade in goods-regulation. Regarding the application of these rules courts can (and sometimes must) in regards to Northern Ireland make preliminary reference to the CJEU.
EU tariffs (which ones are dependent on a UK–EU trade agreement), collected by the UK on behalf of the EU, would be levied on the goods going from Great Britain to Northern Ireland that would be "at risk" of then being transported into and sold in the Republic of Ireland; if they ultimately are not, then firms in Northern Ireland could claim rebates on goods where the UK had lower tariffs than the EU. A joint EU–UK committee will decide which goods are deemed "at risk".[29][28]
A unilateral exit mechanism by which Northern Ireland can leave the protocol: the
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