As we’ll get a lot of “Brexit happened, but noone noticed“ at the end of January, let me prepare you with three key dates and legal facts (Thread)
1) BREXIT DAY is the entry into force of the Withdrawal Agreement, presumably Jan 31st. The UK will leave the EU legally. HOWEVER, under the WA EU law will continue in force as before. So basically there will be just two important effects...
... a) From that day on revocation of the Art. 50 notice is impossible. The only way back into the EU is rejoining, Art. 49 TEU. b) From that day on the UK loses its institutional representation in the EU. ...
... in basically all other respects you will not notice. EU law remains in force. The UK remains bound by EU treaties. The EU will ask partners to treat the UK as a member state for those treaties. Brexit date - in reality - exists only for lawyers and institutional nerds.
... So if you here “see, nothing happened” the correct legal answer is: “under the Withdrawal Agreement, EU law is currently in force as before. Really: nothing happened”.
B) 1 July 2020. Any extension of the transition period will have to be decided by the UK and the EU jointly before this date according to Art. 132 of the WA. The UK said we won’t have an extension. On 1 July 2020 we’ll be certain under the WA.
C) 1 January 2021. THIS is the Brexit day for everyone who thinks Brexit is not just about leaving the EU but leaving EU law. On that day EU law ceases to bind the UK. There’ll be obligations under the WA concerning EU citizens and stuff - but the rest falls away.
What comes then is wide open. Will the future relationship agreement enter into force? A broad one, a narrow one, none? Cliff edge? Cliff-ish edge-ish? We don’t know. Stay tuned. (End)
