I agree with david. IF a deal is agreed, the technical issues can be resolved. Provisional application can be decided by the Council. BUT there‘s a really important procedural aspect concerning actors to actually get a deal /1
On the EU side the Council - i.e. the EU 27 - absolutely have to be on board to get a deal. Without that a deal is categorically impossible (with that you can also get provisional application). And then... /2
there’s the EP. There’s a lot of ”they won’t vote it down” floating around. But the thing is: a) their approval is ultimately needed (even if not for provisional application) and b) unlike in the UK the Commission does not have an automatic EP majority. /3
The more you mistreat the MEPs (“oh come on, you don’t matter, everyone knows it”), the more likely you make it that they’ll surprise you. It has happened before. So consultation and updates are utterly vital. @MichelBarnier knows this, fortunately.
On the UK side, things are considerably simpler. The executive is really powerful when it comes to foreign affairs. And even if it were not it is defined by having, nay, being a parliamentary majority. So intuitions formed in the UK system might mislead commentators here.

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More from @hhesterm

15 Nov
Brexit talks non-news. The public messaging continues to have its problems: few people are interested in details, so the message remains: sovereignty. Why is that a problem? /1
Lord Frost writes that a deal must be compatible with sovereignty and "takes back control of our laws". Taken literally that makes any deal impossible. At the very least an FTA must reduce many tariffs towards the EU. Which prevents UK control. /2
The reality involves complex issues surrounding level-playing field obligations. Minimum standards. Ratchet clauses. Dispute settlement. I like those topics. But 99.9% of mankind have other jobs and other stuff to do, really. So messaging remains what it is /3
Read 4 tweets
13 Nov
A short thread on "crummy market access" and evaluating an FTA. (Thread)
It is no secret that I think the Brexit negotiations suffer from a fundamental problem: an FTA between the EU and the UK will likely be the most economically valuable for each of the partners. It will also make the conditions of trade considerably worse than they are now /2
I've written about this already (attached). But now I'm interested in one question: what makes a valuable FTA? /3
Read 7 tweets
10 Nov
US Election law case to watch: Republican Party of Pennsylvania v. Boockvar. What is it about? (Short thread)
Originally this was a case by the Democratic Party filed in Pennsylvania. In the case the Pennsylvania Supreme Court granted a three-day extension of the absentee and mail-in ballot received-by deadline, so that ballots mailed by 8pm election day shall be counted where valid /2
The case was decided September 17, 2020. The majority opinion of the Supreme Court of Pennsylvania is here: /3 electioncases.osu.edu/wp-content/upl…
Read 13 tweets
8 Nov
A quick add-on on foreign policy: I feel the years of Trumpism have made us forget how foreign policy works. Under Trump the facade was all about whom he likes. Friends or enemies. Black or white. And that became the focus of reporting. That's not normal. /1
Take the Obama presidency: When Obama was running in 2008 Angela Merkel refused to let him speak at the Brandenburg gate and let the site be used as background for electioneering. And yet - Obama worked with her in the interest of the USA. And things changed. /2
Or take Merkel: When her phone calls with Trump became unbearable she did not start leaking stuff to embarrass Trump. She limited access to her phone calls to not put German-US relations at risk. /3
Read 7 tweets
8 Nov
What does a Biden administration mean for Brexit Britain? Allow me to join those who give an optimistic assessment. I fear those giving a negative assessment have bought into a false Trump narrative. (Thread)
The worry at the core of their argument though is not unfounded. Trump repeatedly expressed sympathy for Brexit. Talked about great things to come. Biden does not share this belief system and some reports indicate he associates Johnson with Trumpism. BUT
Look at the reality of Trump's trade policy. He did not hide it. Not for a second. America first. And he saw trade as transactional. Which means that peculiarly the very fact that Britain might gain from a trade agreement for him would have been an argument against it.
Read 13 tweets
5 Nov
Brexit reminder: Time is running out for timely EP ratification. Whereas in the UK treaty scrutiny knows an override (sect. 22 CRaG 2010), the European Parliament actually has to approve a treaty. What does this mean and what would be a proper strategy here? /1 @davidmcallister
There is a cutoff point after which the EP won’t be able to do meaningful work if ratification is to take place before the end of the year. @berndlange , the head of the trade committee, has made that clear. /2
One of the problems here is that this deadline is not one fixed by law. But that does not change that you cannot scrutinise a 1000 page agreement in a day. So how best to proceed? /3
Read 6 tweets

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