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X : When UK leaves the EU, does it also leave the EEA?
Me : a billion dollar question that no-one has an answer for. Lots of hand waving dismissal as it's "automatic" but that has not been tested. As a contracting party, I don't believe we have given notice to leave.
Me : a billion dollar question that no-one has an answer for. Lots of hand waving dismissal as it's "automatic" but that has not been tested. As a contracting party, I don't believe we have given notice to leave.
X : But staying would require consent of the EU.
Me : Again, untested. As a contracting party we are already party to it. There's a competency issue but if UK took that path, it enters the realm of politics not just legal interpretation.
Me : Again, untested. As a contracting party we are already party to it. There's a competency issue but if UK took that path, it enters the realm of politics not just legal interpretation.
X : How so?
Me : Let us suppose UK brexit with "no deal" and claims it has access to the single market as a contracting member of the EEA and operates in such a way. What then?
X : But UK would have to join EFTA?
Me : Really? A real quagmire this one. We could even dock to EFTA.
Me : Let us suppose UK brexit with "no deal" and claims it has access to the single market as a contracting member of the EEA and operates in such a way. What then?
X : But UK would have to join EFTA?
Me : Really? A real quagmire this one. We could even dock to EFTA.
X : But the EU states could disagree and implement measures accordingly.
Me : Of course but this is where we get into politics. No-one wants to be seen as putting up the barriers to trade especially in uncertain legal areas.
Me : Of course but this is where we get into politics. No-one wants to be seen as putting up the barriers to trade especially in uncertain legal areas.
X : The House of Lords has been clear that UK is leaving the EEA when it leaves the EU - researchbriefings.parliament.uk/ResearchBriefi…
Me : Ah yes, bless their cotton socks - "UK is a member of the EEA only by virtue of its membership of the EU". That's far from clear - europeanfutures.ed.ac.uk/article-7323
Me : Ah yes, bless their cotton socks - "UK is a member of the EEA only by virtue of its membership of the EU". That's far from clear - europeanfutures.ed.ac.uk/article-7323
X : But it has been agreed.
Me : By who? The EEA is its own separate legal order. The UK Gov and EC can't just say this treaty ends and ignore the EFTA court. It's a mixed agreement. I don't think it's anywhere near as clear as you're saying.
Me : By who? The EEA is its own separate legal order. The UK Gov and EC can't just say this treaty ends and ignore the EFTA court. It's a mixed agreement. I don't think it's anywhere near as clear as you're saying.
... I think we'll have brexit plus no settlement (as there is no WA) plus access to the single market and freedom of movement (being EEA members) and without signing up to EFTA. How does that sound?
X : There will be legal battles.
Me : There was always going to be legal battles.
X : There will be legal battles.
Me : There was always going to be legal battles.
X : UK vs EC in the European Court of Justice ... get real,
Me : Who says anything about ECoJ having jurisdiction? You're talking matters of international law and matters for the EFTA court. I don't think this stuff is clear and settled.
Me : Who says anything about ECoJ having jurisdiction? You're talking matters of international law and matters for the EFTA court. I don't think this stuff is clear and settled.
X : But people think "Brexit means brexit"
Me : Well, we would be leaving the EU. Job done. The referendum said nothing about the EEA. That's a totally different thing as different as NATO and the UN.
Me : Well, we would be leaving the EU. Job done. The referendum said nothing about the EEA. That's a totally different thing as different as NATO and the UN.
