{"title":"The Withdrawal Agreement, Part Four","authors":"Eusgenia Dumitriu-Segnana","doi":"10.1093/oso/9780192894601.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0005","url":null,"abstract":"This chapter assesses Part Four of the Withdrawal Agreement, which deals with the transition (or implementation) period. The European Council (Article 50) Guidelines on Brexit negotiations of 15 December 2017, opened, on the European Union side, the possibility for a transition period that would create a bridge between the membership of the UK and the entry into force of the agreement governing the future relations between the EU and the UK, and therefore limit to the extent possible the disruptions during the timeframe when the agreement(s) on the future relationship are negotiated. They also defined the overall positions and principles that the EU would pursue throughout the negotiations in relation to the transition period. The UK’s approach to the legal text of the transition period was published on 21 February 2018, and the negotiations between the EU and the UK started on this Part immediately thereafter, with the objective to reach agreement before the March 2018 European Council. During the transition (or implementation) period, despite of the fact that the UK is no longer an EU member, it preserves the main rights, benefits, and obligations inherent to EU membership, the main exceptions being related to the participation in the work of the institutions, bodies, offices, and agencies of the EU.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130963983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Protocol on Ireland/Northern Ireland","authors":"Thomas R. Liefländer, D. Denman","doi":"10.1093/oso/9780192894601.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0008","url":null,"abstract":"This chapter explores the Protocol on Ireland/Northern Ireland, which sets out detailed arrangements to address the unique challenges arising on the island of Ireland as a result of the United Kingdom’s withdrawal from the European Union. The challenges posed for the island of Ireland by the UK’s decision to withdraw from the EU are grounded in the geography and history of Ireland and the UK. In substance, the Protocol sets out detailed arrangements addressing rights of individuals in Northern Ireland; the Common Travel Area; matters related to customs and the movement of goods; the protection of the United Kingdom’s internal market; VAT and excise; the single electricity market; State aid; North –South cooperation; implementation, application, supervision, and enforcement; common and institutional provisions; as well as consent to the continued application of certain parts of the Protocol. The drafting of the Protocol often does not allow the reader of a given provision to understand immediately the precise legal effect of that provision. Rather, a detailed analysis of each provision within the context of the Protocol as well as the wider Withdrawal Agreement as a whole is required.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133405234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Protocol Relating to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus","authors":"Catherine Adams","doi":"10.1093/oso/9780192894601.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0009","url":null,"abstract":"This chapter studies the Protocol relating to the United Kingdom Sovereign Base Areas (SBAs) in the island of Cyprus. The two Base Areas (Akrotiri and Dhekelia) include both UK military bases and civilian areas. Protocol 3, which applied limited areas of EU law to the SBAs when Cyprus became a member state, was necessary to allow the continuation of the special arrangements for the SBAs under the Treaty of Establishment, which was concluded between the UK, Greece, Turkey, and Cyprus at the time Cyprus became an independent state. The Protocol to the Withdrawal Agreement provides for the continuation of those arrangements notwithstanding the UK’s exit from the EU. In general terms, the Protocol maintains the status quo by providing for the application of certain areas of Union law in the SBAs, and its enforcement through Union institutions and bodies, while protecting the rights of the UK under the Treaty of Establishment, in particular in relation to its military bases.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"357 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132975540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Part One","authors":"Piet Van Nuffel","doi":"10.1093/oso/9780192894601.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0002","url":null,"abstract":"This chapter examines Part One of the Withdrawal Agreement between the UK and the European Union. Part One contains, as its title indicates, provisions which are ‘common’ to the whole Withdrawal Agreement and thus of horizontal importance. Together with Part Six, on Institutional and Final Provisions, the Common Provisions set the framework for the whole Agreement. The provisions of Part One correspond to a very large extent to the original draft agreement presented by the European Commission, and were (save as regards Article 4) agreed immediately at negotiators’ level. These provisions define the territorial scope of the Agreement; specify that the legal effects produced by the provisions of the Agreement and the provisions of Union law made applicable by it shall be the same as those produced in the Union, and that the provisions of Union law made applicable shall be interpreted in accordance with methods and general principles of Union law; and exclude the UK from further access to networks, information systems, and databases at the end of the transition period, unless otherwise provided. In accordance with Article 185 of the Withdrawal Agreement, the Common Provisions are applicable from the entry into force of the Withdrawal Agreement, i.e. from 1 February 2020.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122554407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stefan Führing, Eugenia Dumitriu-Segnana, Manuel Kellerbauer, Thomas R. Liefländer
{"title":"The Withdrawal Agreement, Part Three","authors":"Stefan Führing, Eugenia Dumitriu-Segnana, Manuel Kellerbauer, Thomas R. Liefländer","doi":"10.1093/oso/9780192894601.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0004","url":null,"abstract":"This chapter focuses on Part Three of the Withdrawal Agreement, which contains mutually agreed solutions for separation issues resulting from the end of the transition period. Part Three is characterized by two overarching approaches in terms of substance and legislative technique. First, Part Three of the Withdrawal Agreement does not, in any way, maintain (‘grandfather’) the validity of authorizations, approvals, or certificates issued by the UK or by bodies established in the UK, required under the internal market acquis for the placing on the market of goods and the provision of services. Second, wherever possible, the Withdrawal Agreement in Part Three establishes that a piece of EU legislation continues to apply as a whole to a given situation. In terms of topics, Part Three addresses a large variety of issues but can be, broadly, reduced down to four constellations: protection of items (tangible or non-tangible) that are no longer in the EU; pending procedures; tangible goods that are ‘sailing’ or at some stage in the distribution chain; and continued protection of pan-European rights in the area of intellectual property. The variety of topics addressed in Part Three also leads to a varying degree of practical relevance over time.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114579602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Part Two","authors":"M. Meduna, Marie Simonsen, D. Denman","doi":"10.1093/oso/9780192894601.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0003","url":null,"abstract":"Part Two of the Withdrawal Agreement consists of four Titles—on ‘General Provisions’; ‘Rights and Obligations’; ‘Coordination of Social Security Systems’, and ‘Other Provisions’. Title I sets out the general provisions, which are applicable to the whole of Part Two, with a few exceptions, in particular with regard to Title III. Title II is structured in three Chapters, on rights related to residence, residence documents, rights of workers and self-employed, and professional qualifications respectively. Title III has its own personal scope, as it reflects Union law on social security coordination, and applies to rights acquired in the past, independently of later rights of residence. Title IV includes rules on communication obligations, the duration of the protection afforded under Part Two, as well as on the right of Member States or of UK to take more favourable measures. In a nutshell, the Withdrawal Agreement protects EU citizens residing in the UK, and UK nationals residing in one of the 27 EU Member States at the end of the transition period, where such residence is in accordance with EU law on free movement. It also protects family members that are granted rights under EU law (current spouses and registered partners, parents, grandparents, children, grandchildren, and a person in an existing durable relationship), who do not yet live in the same host state as the Union citizen or the UK national, to join them in the future. Children are protected by the Withdrawal Agreement irrespective of whether they are born before or after the UK’s withdrawal, or whether they are born inside or outside the host state where the EU citizen or the UK national resides. The only exception concerns children born after the UK’s withdrawal and of whom a parent not covered by the Withdrawal Agreement has sole custody under the applicable family law.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117065955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Article 50 Treaty on European Union","authors":"Manuel Kellerbauer","doi":"10.1093/oso/9780192894601.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0001","url":null,"abstract":"This chapter discusses Article 50 of the Treaty on European Union (TEU), which accords each Member State the right to withdraw from the EU in its sole discretion. This right cannot be exercised with immediate effect. Rather, the Treaty provision requires both the Union and its withdrawing Member State to enter into negotiations for at least two years with a view to agreeing on arrangements for the withdrawal and thus mitigating its disruptive impact. While the decision to withdraw is to be taken by each Member State in accordance with its own constitutional rules, the ensuing withdrawal process is governed by EU law. The possibility unilaterally and unconditionally to terminate EU membership illustrates that Member States have not abandoned their unfettered right to national self-determination but merely decided to exercise parts of their sovereignty jointly so long as they consider this to be in their best interest. Therefore, Article 50 serves at the same time as a reminder of the EU’s purpose to serve its Member States and their citizens and that its future existence depends on their continued support. In the context of the UK’s withdrawal from the EU, Article 50 TEU fulfilled its purpose of producing an orderly withdrawal based on a withdrawal agreement negotiated and concluded within the allotted time frame.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131223440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Protocol on Gibraltar","authors":"Catherine Adams","doi":"10.1093/oso/9780192894601.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0010","url":null,"abstract":"This chapter reviews the Protocol on Gibraltar. The Protocol on Gibraltar contains few substantive provisions and consists largely of procedural mechanisms designed to ensure an orderly withdrawal of Gibraltar, which is an overseas territory of the UK. It enhances cooperation between the Spanish municipal authorities in the region of Campo de Gibraltar on the one hand, and the Government of Gibraltar on the other, in areas of particular concern. The Protocol was supplemented by four bilateral UK–Spain Memoranda of Understanding which supported its implementation. By virtue of Article 185, final subparagraph, of the Withdrawal Agreement, the Protocol ceased to apply at the end of the transition period with the exception of Article 1 (citizens’ rights).","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"35 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127984862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Part Six","authors":"Piet Van Nuffel","doi":"10.1093/oso/9780192894601.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0007","url":null,"abstract":"This chapter describes Part Six of the Withdrawal Agreement, which contains the Institutional and Final Provisions. In order to ensure the UK’s orderly withdrawal from the EU, the Parties decided that, after the end of the transition period, in well described circumstances, Union law should continue to apply to legal situations created and procedures started while Union law was applicable; in particular, it was agreed that citizens who had exercised their right to take up residence in another Member State should continue to benefit from the protection offered by Union law. This led to the insertion in the Withdrawal Agreement of a number of safeguards, aimed, in essence, at ensuring that the rules of Union law referred to in the Withdrawal Agreement would be interpreted, applied, and enforced consistently in the Union and the UK. The chapter then studies Title I of Part Six, on Consistent Interpretation and Application, which is applicable from the end of the transition period. The provisions under Title I are not the only provisions aimed at ensuring consistency in the interpretation and application of the Agreement. In this respect, the continued role of the Court of Justice of the European Union should be highlighted.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124921043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Withdrawal Agreement, Part Five","authors":"Zuzana Malůšková","doi":"10.1093/oso/9780192894601.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780192894601.003.0006","url":null,"abstract":"This chapter addresses Part Five of the Withdrawal Agreement, which contains the Financial Provisions. The financial settlement between the UK and the Union is based on continuation of financial rights and obligations deriving from the UK membership in the Union, in line with the principle pacta sunt servanda. The principle finds an expression in Article 70 of the Vienna Convention on the Law of the Treaties, which is recognized as a codification of customary international law. The Union’s budget related rights, obligations, or legal situations created through the UK’s membership in the Union were not affected by the withdrawal. The financial rights and obligations of the Member States derive from a complex system of financial provisions of the Treaties and secondary legislation, and also from agreements and commitments entered into by the Member States separately. The financial obligations relate to the revenue and expenditure under Union’s budget and to off-budget components.","PeriodicalId":177257,"journal":{"name":"The UK-EU Withdrawal Agreement","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132223698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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