A thread with some immediate thoughts about the UK-EU Joint Report ec.europa.eu/commission/sit… (1/x)
Noting the prominence [para 5] of the TM mantra, "nothing is agreed til everything is agreed". This mitigates any negs that may follow (though dependent on intent of Whitehall/Downing Street)
Not sure yet if definition of 'durable relationship' in [13] has sufficient legal precedent to avoid controversy down the line. Though it does allow cover for variable marriage laws including same-sex partnerships.
Presumably [22] is in there to formally acknowledge from the outset the UK-RoI special travel and residency arrangements.
Noting a possible ambiguity [24] in the caveat to deport criminals who are EU nationals. This will need clearing up to bring in line with the intent in [27]
Noticeable ref to EHIC in [29]. Puts on table early on a basically intergovernmental mechanism that the Commission would be monumentally stupid to push scrapping.
[35] needs deeper consideration. Does it generate a new hierarchy in law? Poss shades of problems on ECHR/HRA 98 lines. One to watch.
"Due regard" of CJEU cases [38] in citizens' rights probably at very top end of range of what is politically acceptable. Depends to some degree of who decides what is "relevant". Still, it's time-limited
[40] Oh dear. So we are now faced with the prospect of a new human rights superquango. Packed now doubt with progressive lawyers and Remainers still in the jungle as they don't know the war's over. Check in advance, folks, your tv mute button works.
Liking [45] the recognised dichotomy between the two Internal Markets (UK and EU), and the greater importance of the former.
Note to hyperventilators: please observe [47] the reference to a mapping exercise done with the RoI. NB the UK has done, and is doing, its homework. Just quietly and sensibly.
[49] Last sentence on shadowing EU rules a concern as it's a blank page, though note last resort and limitations. Track record of Whitehall suggests it should ring alarm bells. BUT if handled intelligently, in just a couple of narrow sectors, AND it's devolved, it might work.
[50] underlines the primacy of the UK market for NI, and thus not generating new internal borders. Correctly so.
Note that oversight mechanisms in [51] need be no different from those committees that operate under the EU-South Korea FTA.
Wondering if [52-4] Dublin's political aspirations will quietly settle for more people in Ulster applying for second Irish passports.
I'm not sure I've seen any document referencing the 2020 Supply Exercise [60], but I'd wager it means more UK money going in before we leave to balance the EU books. If so, not good at all.
RAL commitments [61] are very bad. A fair deal would end up committing to just liabilities returning to the UK, and just guaranteeing to actually pay only where there is joint activity with another state. It should at least be a negotiating card.
Worth reflecting in all this [63] in track record of core EU budget (and I think in effect EIB) being tapped in the past for emergency support to regions suffering Eurozone shock.
Space and research assets [66] are excluded from this deal. Now that could be either a really good thing or a really bad one. But at least the issue of the big assets is identified. (While noting no ref in either case to UK share of physical assets like Commission buildings)
Relatively minor point but vexatiously symbolic - looks like [71] we may still be seeing EU flags on plaques and signs for a few years to come. Unless raised by ministers as inappropriate [72]
Anyone concerned about PESCO should note the ambition in [73] that generates an unwelcome potential UK anchor. Civil servants will need clear political direction to avoid locking the UK defence industry into harmonisation plans
That said, the avenue is open to cooperation in other big budget areas as a third party. Hyperventilating professors should calm down.
The EIB elements of [80] also need to be considered in the context of being looked at to underwrite PESCO development. UK needs to avoid getting locked into PESCO financially, economically, industrially, institutionally even if it has conceptually signed out. Many back doors.
Admitting the possibility of the UK subsidising EU agencies to leave [86] is plum mad. FCO needs to pull the files on what happened when de Gaulle kicked out NATO.
The most important part of this agreement is actually right at the end. It shows how quiet engagement is going on across a fleet of issues. People really should stop flapping around like vexed ostriches.
Those playing at Chicken Licken, and undermining our negotiators, should remember that his crowd was fooled by the fox into the pot. [fin]
