Article 50 – Brexit negotiations are timetabled to start in the third week of June.
The European Commission has just published the first two draft position papers to be used in negotiations. They are working papers on essential principles. One relates to citizens’ rights, the others are on financial settlements.
Holly Dobson, director in the employment law team at Wake Smith Solicitors, looks at the details.
“So far as citizens’ rights are concerned this working paper sets out general principles which should apply in accordance with EU Law, details of the types of person to which the withdrawal agreement should apply.
“So for example family members EU 27 citizens who reside, or have resided, in the UK at the date of entry into force of the withdrawal agreement, and UK nations who reside, or have resided, in EU 27 at the date of entry into force of the withdrawal agreement, regardless of their nationality. Scope of rights as discussed and a means of enforcing any disputes.
“The process of withdrawal and the impact on EU27 citizens currently living in the EU and UK citizens living in the EU27 cannot be underestimated and there will be significant public debate ongoing concerning these citizens’ rights.
“The second working paper is on the essential principles on financial settlement.
“We already know from the media and from Government prior to the dissolution of Parliament should how contentious this is likely to be.
“Annexed to the working paper is the best current information on the bodies and funds to be included in the financial settlement and the working paper notes that the UK’s obligation should be fixed as a percentage of the EU obligations calculated at the date of withdrawal in accordance with the methodology to be agreed in the first phase.
Brexit and the Great Repeal Bill
“Meanwhile, work continuance on the challenges which face the UK at the point of Brexit. Following the House of Lords select committee on the constitutions interim report on 7th March it is still felt to be the likely best option to in act a “holding position” bill which preserves the most EU law on Brexit day giving the UK a breathing space to gradually repeal and amend legislation.
“However, there is, as yet, no sure and clear way to anticipate the legal changes required from Brexit day on customs and immigration until Brexit negotiations are all but finalised.
“All lawyers are going to have to learn to review and challenge themselves from Brexit day as a significant part of our law as derived from cases which themselves relied on European Law.
“Inevitably from Brexit day, case law will start to depart from European Union Law and there must be more scope for challenging decisions based on European derived legal decisions.
“There is an ongoing debate as to the constitutional risk whereby law is changed using delegated powers.
“Meanwhile Nick Clegg the Liberal Democratic Brexit spokesperson is arguing that leaving the jurisdiction of the European Court of Justice poses some specific security challenges. It should be said that this has not been universally accepted, common interests in the UK and Europe in corporation in the interest of security of all states.”
For advice on employment law contact Holly Dobson at [email protected] or on 0114 266 6660.
