The State of the European Union. The European Parliament faces its most important elections yet
THE UNCERTAINTIES OF BREXIT: QUO VADIS, BRITANNIA? 121 which was to deal with future relations. This rested upon a somewhat controversial interpre- tation on the part of the European Council of the wording of a passage of Article 50 of the TEU that reads “taking account of the frame- work of its [the UK’s] future relationship with the Union”. The division of negotiations into two phases was stipulated with an eye to avoid- ing endless digressions concerning future rela- tions that could prevent negotiators from re- solving issues related to withdrawal within a two-year period. The Withdrawal Agreement is an interna- tional treaty that establishes and governs legal relations between the EU and the United Kingdom once the latter has become a “third country” to which European Teaties and the rest of EU law no longer applies. 13 The bulk of the document addresses four main issues: the rights of EU citizens residing in the UK and UK citizens residing in the EU; the amount the United Kingdom must contribute to the community budget to cover obligations it assumed while a member (an item commonly referred to as “the Brexit bill”); questions regarding new border situations between Ireland and Northern Ireland and in Cyprus and Gibraltar resulting from the UK’s exit from the EU; and the governance of the agreement, which concerns the bodies charged with the application and monitoring of the Treaty and other legal and technical matters arising from the UK’s withdrawal. The treaty establishes a transition period (the inclusion of which was one of the main objec- tives of the UK negotiating team) to run from 13 Agreement on the Withdrawal of the United Kingdom . . ., op. cit. 30 March 2019 to 31 December 2020. The ter- mination date was specifically timed to coincide with the end of the current EU multiannual fi- nancial framework to facilitate optimal budget- ary management. The insertion of this element into the agreement was meant to give all public and private stakeholders an opportunity to pre- pare for the moment at which EU law will cease to apply in the UK. During this time frame European law will continue to be applicable in the UK and the UK will continue to participate in EU policies but not in EU decision-making. The UK’s obligation to comply with decisions in which it has not participated during the transi- tion period has raised the hackles of certain crit- ics of the Withdrawal Agreement, who argue that the arrangement will reduce the United Kingdom to the status of a “vassal state” sub- jected during the interval to laws that under- mine its sovereignty. 14 The transition period is nevertheless vigorously defended by political and economic actors, who deem it an indispen- sible means of avoiding confusion and legal un- certainty on 30 March. 15 In light of the transition period’s purpose of ensuring a smooth adaptation to a new legal situation and with an eye to reducing costs, it would be best interests of all for the Agreement on Future Relations to enter into force before the termination date of 31 December 2020. Given the impossibility of guaranteeing that a consensus on future relationship will be reached 14 Rees-Mogg, J.: Letter urging the MPs to oppose the draft Withdrawal Agreement , London, 14 November 2018. htt- ps://brexitcentral.com/text-jacob-rees-moggs-letter-urging- mps-oppose-draft-withdrawal-agreement/ 15 See, by way of example, the position taken by the Con- federation of British Industries (CBI), Making a Success of Brexit, http://www.cbi.org.uk/making-a-success-of-brexit/ Exit.html
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