1/ Some quick comments on the UK/Swiss treaty on Brexit & acquired rights of citizens. It covers either a scenario where the withdrawal agreement enters into force, or no deal. If the former, it will apply only after the transition period ends, like the WA citizens rights rules.
2/ If there's no deal, it will apply from Brexit day. This is, of course, exactly how the EU and UK *ought* to deal with the position of @The3Million and @BritishInEurope. Hopefully the UK and Norway, Iceland, Liechtenstein agree the same thing.
3/ The drafting structure is very similar to the withdrawal agreement citizens' rights part, except there's no references to the CJEU and the legal effect in domestic law is less far-reaching. No requirement for a UK domestic statute, for instance.
4/ Substantively the treaty refers back to the EU/Swiss treaty on free movement of persons, which is similar to EU free movement law but drafted differently, because EU law was redrafted several years later. EU & Swiss are discussing treaty revision but unlikely before Brexit day
5/ I wrote on the EU/Swiss treaty at the time (£): heinonline.org/HOL/LandingPag…
Note that the UK/Norway, Iceland and Liechtenstein apply EU free movement law as such - it's a myth that only free movement of workers applies - so any treaty between them would be slightly different. /
Note that the UK/Norway, Iceland and Liechtenstein apply EU free movement law as such - it's a myth that only free movement of workers applies - so any treaty between them would be slightly different. /
6/ Here's the UK govt notice on both the UK/Swiss citizens' rights treaty and the UK/EEA States' treaty, just agreed. Note the UK intention to implement the former by a domestic statute, but that won't exist if no deal; could use immigration rules instead
7/ The text of both treaties, plus explainers and press releases, can be found here: gov.uk/government/org…
Some comments on the UK/Norway, Iceland, Liechtenstein treaty
Some comments on the UK/Norway, Iceland, Liechtenstein treaty
8/ This treaty covers both citizens' rights *and* some separation provisions, like goods on the market. In both cases, very similar to the withdrawal agreement, although there are fewer separation provisions. Much less on dispute settlement than the WA. Domestic statute required.
9/ Important note: unlike the UK/Swiss treaty, the UK/Norway, Iceland, Liechtenstein does *not* provide for a fallback position in the event of UK/EU no deal. UK govt press release says they are aiming to agree on this.
10/ VERY important note: these treaties do *not* govern future trade etc relationships between UK and Swiss/Norway etc in the event of no deal OR post-transition period if WA is ratified. Such treaties might be agreed, but these treaties aren't it. I'm expecting some bad takes.
11/ As I've said before: need some nuance between "we're Dooomed, no new treaties with non-EU States will be agreed in time" and "we're Fine, all new treaties with non-EU States will be agreed in time". Some treaties are agreed (including UK/US aviation treaty) but far from all.
12/ And details of those treaties (like details of EU unilateral no deal measures) matter. In this case, future trade between UK & EFTA States isn't sorted out by these treaties. But equally EFTA States seem fine continuing current treaties during transition - IF WA is ratified /
13/ Here's a link to a press release on the separate UK/Swiss treaty that would cover the trade relationship - which would also apply in a no deal situation. There's no equivalent for the UK and Norway/Iceland/Liechtenstein AFAIK:
