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Withdrawal from the EU

Confused about the withdrawal process? Find some clarity with these key materials and law-focussed analyses.

The 2019 Withdrawal Agreement

On the 17th October 2019, at the European Council, the EU and the UK agreed on the text of the revised Withdrawal Agreement and accompanying Political Declaration. These documents can be downloaded from the Official Journal of the European Union at the link below.

https://ec.europa.eu/commission/publications/withdrawal-agreement-and-political-declaration-official-journal-european-union-12-november-2019_en

A summary of the Withdrawal Agreement, published by the UK House of Commons Library, can be found here: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8713

The Institute for Government sets out its explanation in a useful table format: https://www.instituteforgovernment.org.uk/explainers/brexit-deal-withdrawal-agreement

Steve Peers, in his EU Law Analysis blog, provides four posts analysing elements of the withdrawal Agreement. The first post, an overview, can be accessed at the following link. You will find the other posts listed in the right-hand menu. http://eulawanalysis.blogspot.com/2019/10/analysis-1-of-revised-brexit-withdrawal.html

The UK Parliament approved the Withdrawal Agreement by enacting the European Union (Withdrawal Agreement) Act 2020, on the 23rd January 2020, which can be accessed at the
link below.
http://www.legislation.gov.uk/ukpga/2020/1/contents/enacted
 

 

From the European Commission: The Draft Withdrawal Agreement

On the 28th February 2018, the European Commission (presented by Michel Barnier, Chief Negotiator) released the Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. This 118-page document can downloaded from the link below.


https://ec.europa.eu/commission/publications/draft-withdrawal-agreement-withdrawal-united-kingdom-great-britain-and-northern-ireland-european-union-and-european-atomic-energy-community_en

This large document is full of political and legal language, so to help you understand the aims of this document and the potential legal ramifications, take a look at these helpful articles written by experts on the subject:

This https://www.politico.eu/article/brexit-negotiation-withdrawal-text-what-it-says-and-what-it-means/ article explains the meaning of the complex wording referring to each Article, in plain English. Reading through this summary will allow you to understand the terms of the proposal before digging into legal analysis in the further articles linked below.

Here, http://eulawanalysis.blogspot.co.uk/2018/03/ending-limbo-case-for-ring-fencing-eu27.html, Steve Peers explores how the proposal addresses the status of EU27 citizens living in the UK, and UK citizen persons who are living in EU27, before Brexit day, and also discussed the highly controversial topic of the Irish Border.

The referendum and Article 50 TEU

The case of R (on the application of Miller and another) v Secretary of State for Exiting the European Union on invoking Article 50 of the EU Treaty. - Professor Nigel Foster explains what this case means (and doesn't mean) for the future of Brexit.

Brexit: Foundational Constitutional and Interpretive Principles - Professor Paul Craig takes a step back from the hysteria and media headlines and discusses what Brexit actually means, in terms of the law.

Brexit: Navigating Uncertain Seas - Jukka Snell, University of Turku and Swansea University, explores what Brexit means to the European Union.

Implementing the European Union (Withdrawal Bill): The Challenges Ahead - Barbara Bogusz considers the government's new European Union (Withdrawal) Bill. Does it allow for a smooth transition and legislative certainly when the UK leaves the EU, as it is supposed to?

 

The Government's paper on the future relationship with the EU, including their customs proposal, August 2017

The government’s statement can be found here:
(https://www.gov.uk/government/news/new-customs-proposals-laid-out-by-government-in-new-paper-on-future-relationship-with-the-eu)

and the paper itself here:
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/637748/Future_customs_arrangements_-_a_future_partnership_paper.pdf)

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