Brexit

Question 1

What year was the EC established by the treaty of Rome?

Answer 1

1957

Question 2

What year was the UKs first application to join the EU rejected?

Answer 2

1960

Question 3

What year was the UKs new application to join the EC?

Answer 3

1967

Question 4

When did negotiations between the UK and EC begin?

Answer 4

1970

Question 5

What year was there a question whether to sign the treaty of accession debated in the House of Commons?

Answer 5

1971

Question 6

When was the treaty of accession signed by PM Edward Heath?

Answer 6

1972

Question 7

When was the European Community bill introduced?

Answer 7

1972

Question 8

Britain’s Membership of EC, in accordance European Communities Act…?

Answer 8

1973 1st January

Question 9

In the 1975 referendum how many people voted to remain in the EEC?

Answer 9

67%

Question 10

What year did the Uk vote to leave the EU?

Answer 10

2016

Question 11

In the 2016 referendum how many people voted to leave?

Answer 11

51.9%

Question 12

In the 2016 referendum what was the total turnout?

Answer 12

72.2%

Question 13

In the 2016 referendum which two countries of the UK voted to remain?

Answer 13

Northern Ireland and Scotland

Question 14

What are the two aspects of withdrawal from the EU?

Answer 14

The Eu and Uk requirements

Question 15

What are the Eu requirements of a member states withdrawal?

Answer 15

• Previously, question was unsettled because there was no provision in the EC/EU treaties.
• Now, Art.50 TFEU determines the steps required as a matter of EU law

Question 16

What are the Uk requirements of withdrawal from the EU?

Answer 16

• Decisions and notifications required by EU
• Statutory provision for repeal of the European Communities Act 1973
• Programme for dealing with received EU law and delegated legislation
• Solution to the issue of a potential border in Ireland and the Belfast Agreement
• Legislating and planning for practical changes: financial settlement, economic changes, migration and citizenship, etc

Question 17

What is article 50(1) TFEU?

Answer 17

Decision to withdraw: “Any Member State may decide to withdraw from the Union in accordance with its own constitutional arrangements”

Question 18

What is article 50(2) TFEU?

Answer 18

Notification: MS “shall notify the European Council of the intention” to withdraw
Withdrawal agreement: “the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union… concluded on behalf of the Union by the Council, acting by qualified majority, after obtaining the consent of the European Parliament.”

Question 19

What is article 50(3) TFEU?

Answer 19

Exit date: “The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement, or failing that, two years after the notification… unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”

Question 20

What is article 50(4) of the TFEU?

Answer 20

Exclusion from decision making: “… Member State shall not participate in the discussions of the European Council or Council in decisions concerning it.”

Question 21

What is article 50(5) of the TFEU?

Answer 21

Rejoining: “If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Art,49”

Question 22

Which PM started the referendum about EU membership?

Answer 22

David Cameron

Question 23

What was David Cameron’s manifesto in 2014/15?

Answer 23

That the Eu was not working and wanted powers to be taken away from Brussels

Question 24

Who Promised in 2015 election manifesto to hold in/out referendum?

Answer 24

David Cameron

Question 25

Why did David Cameron step down?

Answer 25

As he opposed Brexit

Question 26

How many people took part in the 2016 referendum?

Answer 26

Decision to withdraw made on 23rd June 2016 in the Referendum on Exiting the EU - 17.4 million votes for ‘Leave’ (51.9%); 16.1 million votes for ‘Remain’ (48.1%).

Question 27

Who took over from David Cameron?

Answer 27

Theresa May

Question 28

When did notification take place for Brexit?

Answer 28

29th March 2017

Question 29

What was the exit date of Brexit?

Answer 29

initially 29 March 2019, unless agreement reached (Art.50(3) TFEU)

Question 30

When did the Uk actually leave the EU?

Answer 30

31st January 2020

Question 31

Which act came into place to make future relationships with the EU?

Answer 31

European Union (Future Relationship) Act 2020

Question 32

When was the first agreement reached between the Uk and EU?

Answer 32

November 2018 – not ratified by Parliament

Question 33

What extensions were allowed during Brexit?

Answer 33

Allowed under Art.50(3) TFEU
• First extension: exit date set at 12 April 2019
• Second extension: exit date set at 31 October 2019 – either approve withdrawal agreement, and leave with an agreement or leave by that date without agreement (no deal outcome)
• Third extension: EU Withdrawal Act 2019 – Parliament required Govt to request a third extension for three months if no agreement made by 19 October 2019. Agreement was reached, but ratification delayed, so extension given to 31 January 2020

Question 34

What is the Uks legal position regarding the EU as of today?

Answer 34

• UK no longer a member of EU
• No role in any institution – no seat in Council, no MEPS, no UK Commissioner or judge
• Dealt with by as a “third country”, like India, Chile and Kazakhstan
• European Communities Act 1972 is formally repealed (s.1)
• 1972 Act gave EU law force within the UK and created wide powers to implement EU provisions (🡺 dualism theory)
• Retained EU laws now no longer have special status and are assimilated
• Large number of regulations made to give effect to withdrawal
• remove reference to EU bodies
• confer powers on UK bodies in place of EU ones

Question 35

Which act covers retained EU law?

Answer 35

• Retained EU (Revocation and Reform) Act 2023 (REUL)

Question 36

What does the Retained EU (Revocation and Reform) Act 2023 (REUL) do?

Answer 36

• Ends special status of retained EU law under Withdrawal Acts (2018 and 2020)
• Gives Ministers powers to revoke, amend or retain EU laws - saving power (s.1(4)), compatibility power (s.7) and restatement power (ss 11 and 13)
• “Retained” EU law now “assimilated” EU law
• Government’s REUL dashboard tracks changes

Question 37

How many retained/assimilated EU law are there?

Answer 37

• 6,757 laws
• 67% remain unchanged
• Over 1000 repealed
• 800 amended or repealed and replaced
• Some expired
•More than 2000 revoked or reformed

Question 38

How many retained/assimilated EU law is there?

Answer 38

6,757 laws
• 67% remain unchanged
• Over 1000 repealed
• 800 amended or repealed and replaced
• Some expired
• More than 2000 revoked or reformed

Question 39

How is assimilated law interpreted?

Answer 39

• Not bound by general principles of EU law
• Not bound by EU Supremacy

Question 40

What was the UKs process for negotiating withdrawal?

Answer 40

• Framework: European Union (Withdrawal) Act 2018 - key statute on structural matters (now amended by Withdrawal Agreement Act 2020). Passed before any Withdrawal Agreement reached
• Mrs May’s government agreed draft Withdrawal Agreement in November 2018 - Not approved by Parliament
• Mr Johnson’s government agreed new Withdrawal Agreement in November 2019, finally approved by Parliament, and UK formally left EU on 31 January 2020
• European Union (Withdrawal Agreement) Act 2020 (amends 2018 Act)

Question 41

How could the EU and Uk have future relationships?

Answer 41

Trade and Cooperation Agreement (entry-into-force (EIF): 1 May 2021; applied provisionally as of 1 January 2021
• A free trade agreement between the UK and the EU (and Euratom) no tariffs (customs duties) (or equivalent charges) applied to goods moving between the EU and the UK if they fulfil rules of origin
• No quantitative restrictions on imports/exports of goods between the EU and the UK if they fulfil rules of origin
(P) origin certificates required

Question 42

What are the consequences of Brexit?

Answer 42

• UK not bound by EU law - Primary and secondary EU Law ceased to be applicable (as a rule) (i.e., TFEU, TEU, the Euratom Treaty, Regulations etc.)
• But: most of EU law as at end of 2020 rolled over, could be amended/repealed (“retained EU law”)
• UK no longer a member of the Customs Union and Single Market
• UK still bound by international obligations existing separately from the EU - Lots of EU law actually implementing shared obligations (WTO rules)
• The UK now has agreed the Trade and Cooperation Agreement with EU to secure access to EU market - reation of a free trade area between the EU and the UK
• Demands of other trade partners may also impose constraints on policy, E.g. USA
• Northern Ireland - Situation still unclear, lates development = Windsor Framework 2023

Question 43

Which protocol has Brexit affected?

Answer 43

Northern Ireland Protocol

Question 44

How has Brexit affected the NI Protocol

Answer 44

• UK no longer part of EU therefore must be border between them
• Including between UK and Ireland
• But unacceptable to have effective border between NI and Ireland
• Equally unacceptable to have effective border within UK between NI and GB
• These three positions cannot stand together
• Compromise of a Protocol to Withdrawal Agreement
• NI essentially part of both EU and UK Single Markets
• Bound by many of the rules of EU market
• Must keep up with any changes in EU law
• Means no need for controls between NI and Ireland as both in EU market
• But controls between GB and NI to avoid it becoming a way of entering EU market whilst avoiding all the EU rules (many not yet implemented)
• Latest Development: The Windsor Framework (CP 806, February 2023)

Question 45

What is article 16 of the NI protocol ?

Answer 45

If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures. …
2. If a safeguard measure … creates an imbalance between the rights and obligations under this Protocol, the Union or the United Kingdom, as the case may be, may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance.

Question 46

What is the mandatory requirement of the NI protocol regarding art 16?

Answer 46

notification of other party and negation before safeguard measure can be taken

Question 47

How has article 16 been part of the debate regarding the NI protocol?

Answer 47

the UK government argued that the protocol has created a significant diversion of trade between Northern Ireland and Great Britain which would justify invoking Article 16
• Provision for NI Assembly to withdraw consent to application of EU rules
• Not in first 4 years
• Starts two year period for deciding new arrangements

Question 48

What is the trade and cooperation agreement?

Answer 48

• Maintains free trade of goods (not services) between UK and EU
• No tariffs, but must meet EU/UK standards to enter market
• Documentation to show that meeting standards to enter EU internal market
• Certificates of origin, to show that UK goods, not just imported through UK
• Arrangements for cooperation on other matters - VAT, security, energy, etc.
• But at lesser level than while member of EU
• No longer European Arrest Warrant, but enhanced extradition process
• Binds parties to non-regression on many standards
• social and labour rights, environmental
• Cannot lower standards or use subsidies to gain advantage
• Partnership Council to oversee agreement and compliance
• Provisions for dispute settlement: bespoke arbitration process if dispute
• Ensuring compliance with ruling by arbitration panel: important provision for “balancing” action (TCA, art 411):
• 🡺 Parties can directly (and quickly) impose counter-measures if other’s non-compliance with the decision of the arbitration panel has material impacts on trade or investment
• E.g., by withdrawing benefits under the Agreement

Question 49

How long is the trade and cooperation agreement?

Answer 49

• 2,555 pages

Question 50

What does the effect of notification have of withdrawal?

Answer 50

withdrawal “clock” began to run – UK to leave on “date of entry into force of the withdrawal agreement, or failing that, two years after the notification.” (Art.50(3)

Question 51

When Theresa May became PM what two legal questions had to be answered?

Answer 51

1. Who has power to notify?
2. Has the decision to withdraw actually been taken?

Question 52

When Theresa May became PM who had the power to notify the EU of the UKs withdrawal?

Answer 52

R (on the application of Miller) v Secretary of State for Exiting the European Union (Miller No 1) [2017] UKSC 5 challenged PM’s power to make decision to notify without Parliamentary Approval. UKSC decided that an Act of Parliament was required
• European Union (Notification of Withdrawal) Act 2017
• Teresa May “triggered” Art.50 by notifying the European Council in writing – March 2017

Question 53

When Theresa May became PM had the decision to withdraw actually been taken?

Answer 53

• Elizabeth Webster v Secretary of State for Exiting the European Union [2018] EWHC 1543 Admin – challenged the decision on basis that referendum act did not stipulate outcome would be legally binding. Challenge failed.

Question 54

Could notification of withdrawal be revoked?

Answer 54

• Andy Wightman and Ors v Secretary of State for Exiting the European Union [2018] CSIH 62 – sought decision whether notification could be revoked as a matter of law. Court of Session made preliminary reference to CJEU. Answer: notification could be revoked.