Intro to EU & Brexit (L21) Flashcards
What is the EU?
Supranational institution - originally economic in character.
Governed by Treaties - now named Treaty on European Union (TEU) and Treaty on the Functioning of the EU (TFEU).
Amended by unanimous consent of Member States.
Expansion of size over time.
Expansion of competences over time.
What are the categories of EU competences?
Exclusive.
Shared.
Supporting/coordinating.
What are some of the exclusive competences of the EU?
While part of the EU, the EU has control over the matters, not the member states.
Customs union.
Competition rules necessary for the functioning of the internal market.
Monetary policy for the Eurozone.
Conservation of marine biological resources under the common fisheries policy.
Common commercial policy.
What are some of the shared competences of the EU?
Shared between EU and member state.
Internal market.
Social policy.
Economic, social and territorial cohesion.
Agriculture and fisheries, excluding the conservation of marine biological resources.
Environment.
Consumer protection.
Transport.
Energy.
What are some of the supporting/coordinating competences of the EU?
Protection and improvement of human health.
Industry.
Culture.
Tourism.
Education, vocational training, youth and sport.
How did Brexit come about?
Conservative Manifesto (2015): “We will legislate… for an in-out referendum to be held on Britain’s membership of the EU before the end of 2017. We will negotiate a new settlement for Britain in the EU. And then we will ask the British people whether they want to stay in on this basis, or leave. We will honour the result…”
Achieved parliamentary majority. Renegotiation took place (now lapsed).
European Referendum Act 2014.
- No votes for 16-17 year olds or EU citizens.
- No super-majority or turnout thresholds.
- No provision for automatic implementation.
What does Article 50 of the Treaty on the European Union set out?
- Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
- Any Member State which decides to withdraw shall notify the European Council of its intention… [T]he 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… It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
- 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 referred to in paragraph 2, unless the European, in agreement with the Member State concerned, unanimously decides to extend this period.
What were the issues in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5?
2 issues (plus separate Northern Ireland points).
Can an Article 50 notification be given via an exercise of the prerogative powers or is an Act of Parliament required?
- HELD: Act of Parliament needed.
Does the Sewel convention require the consent of the devolved legislatures is required for the Act of Parliament in question?
- No.
What does s1 of the European Union (Notification of Withdrawal) Act 2017 set out?
Power to notify withdrawal from the EU.
(1) The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.
(2) This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment.
What are the different ‘European ties’?
European Union.
- Single market of free trade and shared regulation; includes free movement of goods, services, capital and people.
Customs Union.
- Circulates goods without duties.
European Economic Area.
- Access to the single market in exchange for payments.
Schengen Area.
- Passport-free travel zone.
Euro Zone.
- Using the euro currency.
European Free Trade Association.
- Free-trade zone and network of agreements.
What are the stages of economic integration?
Free trade agreements lower or abolish tariffs and quotas.
There are two stages of economic integration which go beyond ‘free trade areas’:
‘Customs union’ means a common external trade policy on top of the absence of internal rules. Avoids need for ‘rules of origin’ to determine whether goods qualify to avoid tariffs and quotes.
‘Single market’ means no ‘non-tariff barriers’ (technical barriers to trade’). Particularly important for services (banking law etc).
General rule: FTA -> CU -> SM.
What was said in the Lancaster House Speech in Jan 2017?
No ECJ jurisdiction over UK.
Maintain common travel area with Ireland.
Control of immigration.
‘[F]reest possible trade in goods and services between Britain and the EU’s member states’ but not single market.
‘A Global Britain must be free to strike trade agreements with countries from outside the EU too’ so no CU.
‘[A] phased process of implementation’.
What was the Withdrawal Agreement?
Agreed Oct 2019 and signed Jan 2020. UK left EU 31st Jan.
Key points:
- Transition to end of 2020.
- Residence and social security rights of citizens protected.
- Some EU customs rules apply to NI only. NI bound by some single market rules. NI Assembly may terminate unilaterally by ‘democratic consent’.
- Free trade agreement finalised late 2020.
