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121

The agreement reached at the European

Council on 18 and 19 February 2016 satisfied

nobody. From a pro-European perspective, the

agreement symbolises the fragility of the basic

principles of the European Union and the will-

ingness of current leaders to apply them selec-

tively, depending on their national interests. In

this case, what has been referred to as “British

blackmail” precipitated a choice between the

lesser of two evils: the Council agreement rath-

er than Brexit.

The problem with the agreement is that it

transforms what has thus far been an exception

into a rule, because one Member State, despite

having always demanded special treatment in

the form of opt-outs from certain policies, has

turned its back on article 1 of the treaty, which

has defined the core philosophy of the European

project since its foundations, namely ever closer

union. Moreover, it does so formally, not only in

the conclusions of the Council but in a guaran-

tee to include this point the next time the trea-

ties are reformed. In addition to setting a dan-

gerous precedent, this also jeopardises the

future functioning of the EU and ensures its

fragmented operation, turning the thus far ex-

ceptional “à la carte Single Market” into the

norm. The idea of Europe has been badly dam-

aged by its leaders’ acceptance of the constitu-

tional consolidation of a two- or even multi-

speed Europe.

The agreement also challenges one of the

EU’s fundamental freedoms, namely the free

movement of people. It is frustrating to see an

agreement that seeks to restrict a fundamental

European freedom, setting a precedent which is

Brexit: the last chance

for Europe and the

United Kingdom?

Juan Moscoso del Prado Hernández

“Europe is not a physical continent, Europe is an idea”.

Salvador de Madariaga

“Brexit: the potential […] departure of the United Kingdom from the European Union”.

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