Withdrawal extended to 31/10/2019

EUCO XT 20015/19 EN European Council Brussels, 10 April 2019 From: General Secretariat of the Council To: Delegations Subject: Special meeting of the European Council (Art. 50) (10 April 2019) Conclusions Delegations1 will find attached the conclusions adopted by the European Council (Art. 50) at the above meeting. Following a notification under Article 50 TEU, the […]

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Extending Article 50 [March 2019]

PARAMETERS OF EXTENDING ARTICLE 50 1. Given that the House of Commons has rejected leaving the European Union (EU) without a Withdrawal Agreement and framework for the future relationship, the Government motion tabled for debate on Thursday 14 March seeks Parliament’s approval to request an extension to Article 50, and sets out that in light […]

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Withdrawal Triggered

Article 50 Treaty on European Union Unlike the US Federal Constitution, withdrawal from the EU is a legal and political option. The irrevocability of state membership of the United States was effectively determined by the American Civil War in which the United States militarily defeated the breakaway Confederate States. It was formally confirmed by the […]

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White Paper on Withdrawal

Approach to Brexit The United Kingdom Government published its White Paper on Brexit and New Partnership with the European Union in February 2017. The White Paper points out that it is in no one’s interest for there to be a cliff edge for business or a threat of instability. It believes that phased process of […]

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Withdrawal Negotiations

Initiation of Process On 29 June 2016, the EU heads of state/government in response to the referendum indicated that no negotiations could commence before Article 50 was triggered. In October 2016, the UK Prime Minister announced her intention to trigger Article 50 by the end of March 2017. The UK   notification triggering Article 50 issued […]

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The Repeal Act

The Great Repeal Bill A key element of Brexit is the removal of the principle of supremacy in EU Law. Once it is repealed and restated as national Law, EU derived law will no longer be based on an obligation to give effect to EU Law over and above UK/domestic Law. The Miller case decided […]

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Withdrawal Process Issues

Framework for Negotiations The European Council has set the framework for the EU’s negotiating position. The talks are led by the European Commission’s chief negotiator. The European parliament observes and must consent to the ultimate agreements. The European Union’s heads of state have said that they are determined to protect European Union and the EU […]

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UK Proposals on Customs (August 2017)

A highly streamlined customs arrangement The UK proposes two broad approaches to its future customs relationship with the EU in its August 2017 paper on future customs arrangements. They were Highly streamlined customs arrangement. A new customs partnership. Outside the EU Customs Union, the UK proposes to fix its own customs arrangements and laws. International […]

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UK Proposals on NI (August 2017)

Context In August 2017, the UK published a position paper on various issues in relation to the Brexit negotiations and in particular the issue of border arrangements within the island of Ireland.  It emphasised the UK’s ambition to develop a new deep and special partnership with the EU and the implications which this has for […]

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Withdrawal Agreement Principles (Dec 2017)

Joint Report On 8th December 2017 the EU and UK negotiators issued a joint report on progress in the negotiations for a withdrawal agreement between the United Kingdom and the EU It confirmed that the parties had reached agreement in principle on the key areas set in the EU negotiation guidelines for the first phase […]

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Draft Withdrawal Agreement (Mar 2018)

Summary On 28 February the European Commission published a 119-page draft withdrawal agreement (WA) which put into legal language the conclusions of the negotiations in phase one, which was agreed in a Joint Report on 8 December 2017. It included other draft Articles on matters not covered by the Joint Report, as well as detailed […]

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EU Negotiation Guidelines (Mar 2018)

Background The European Council welcomes the agreement reached by the negotiators on parts of the legal text of the Withdrawal Agreement covering citizens’ rights, the financial settlement, a number of other withdrawal issues and the transition. The European Council recalls that other issues still require agreement and negotiations can only progress as long as all […]

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Transition Period (In Principle)

Transition Period Duration The EU and UK have agreed that they wish to negotiate a transition (or implementation) period of around two years after 29 March 2019 – David Davis has now conceded that 21 months is acceptable for the UK – and have broadly agreed that the majority of the existing EU acquis will continue […]

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Parliamentary Approval Required

Withdrawal Act Provisions Parliamentary approval of the outcome of negotiations with the European Union The Withdrawal Act sets out Parliament’s oversight of the outcome of the UK Government’s negotiations with the EU. The withdrawal agreement may only be ratified if a number of conditions are met. These are as follows: a Minister of the Crown […]

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