Spending a few days out of the UK, I've been reflecting on what it means to be a UK academic specialising in EU law over these past two years. This is a short personal reflection, which other scholars of the EU may or may not agree with. /1
First, the extent to which the law of the Member States and the EU have intertwined over many years (40+ in the case of the UK) has made me deeply suspicious of anyone who claims in general terms that problems can be easily "sorted". /2
That is to say, in my teaching and research, I know about about the general structure of EU law, how it has developed, what its strengths and weaknesses are, the 'democratic deficit', the enforcement system and the legal instruments contained in both the Treaty and elsewhere. /3
I would also claim expertise in the areas I have published in and teach in detail, including external relations/foreign policy, migration, the EU neighbourhood and enlargements, environment, relations with Japan/Asia, the Mediterranean and Eastern Europe. /4
But there are some major areas which I haven't studied in depth, despite their importance (particularly economic). Competition law is one, and the detailed rules of international trade is another. I defer to others on social policy, health policy and aspects of free movement. /5
I rely on the expertise and views of other experts and specialists in these areas, as well opinions (which can differ widely) on more general questions. Seeing the list of areas which the govt is now preparing "no deal" notices for is - frankly - scary in their scope. /6
This last-minute effort says to me that we are potentially facing an absolutely fundamental way in which the law and economic system of the UK works in a few months time. With next to no preparation or thought. /7
My rule of thumb has been to ask how long countries applying to join the EU have taken to get everything in place? The answer is at least 10 years or (much) more. Therefore, why should leaving be any different? /8
Which brings me back to the personal point: what is my role as an academic here? On reflection, I think the best way I can fulfil my public-facing role is to try to impart the knowledge and experience I have gained from 20+ years of studying the EU. /9
That means saying, and repeating, the position I have consistently tried to take: if Brexit is to work, it would need a lengthy period to work out how to do the divorce before even starting the process of a referendum. But we are way beyond that. /10
In my view, with Art 50 notification at its 18 month point, we are way beyond the point of thinking that a Brexit that would satisfy almost anyone is possible. At the very least, I feel it is important to call out in particular the positions of "it will all be fine" we hear. /11
If knowing about EU law means anything, it is the knowledge that there are no quick, easy fixes in a complex legal system. So I will continue to learn from those who know more that I, and call out those who would have the country believe otherwise. /END
