1/ Here's the draft Brexit withdrawal treaty!
I'll write up a short piece for @ConversationUK and then annotate each of the various parts over the next few days. Some initial comments coming soon - ec.europa.eu/commission/pub…
I'll write up a short piece for @ConversationUK and then annotate each of the various parts over the next few days. Some initial comments coming soon - ec.europa.eu/commission/pub…
2 As the press release points out, this is the Commission's draft - not yet agreed by Member States as the EU27 negotiation position, or discussed with the European Parliament. The UK also has to agree, of course. europa.eu/rapid/press-re…
3 Having said that, some of this text reflects the joint report agreed with the UK in December, and some reflects negotiation guidelines/directives agreed by the EU27 Member States.
4 Comments on the draft future withdrawal agreement - I'll start with EU27 citizens in the UK and UK citizens in the EU27 (remember them?)
5 Commission to UK citizens in the EU27: drop dead - as far as future free movement between Member States is concerned 
6 Of course the UK never fought for its citizens either. This issue was left hanging in December and was not an agenda item since.
*punches nearby object*
*punches nearby object*
7 The Commission doesn't mention other limited forms of free movement rules for non-EU citizens such as the "Blue Card" for the highly skilled.
8 Anyway when I write this up I will propose an amendment to preserve free movement rights for UK citizens in the EU27 - @Claude_Moraes and other MEPs haven't forgotten about the issue.
The personal (and temporal) scope - those who moved before *the end of the transition period* and *in accordance with EU law*
May said she'd extend rules to EU27 citizens coming during the transitional period under UK law, which wouldn't cover UK citizens going to the EU27.
May said she'd extend rules to EU27 citizens coming during the transitional period under UK law, which wouldn't cover UK citizens going to the EU27.
10 The general reference to EU law should mean that "Surinder Singh" cases (where UK citizens go to the EU27 with their non-EU family and then return) should be covered.
11 Family members - the Commission pushes back on the December deal and says current rules should apply to future spouses
Will annoy current UK government, although not a Labour one much
Will annoy current UK government, although not a Labour one much
12 Definition of citizens - UK citizens are no longer EU citizens unless the Dutch case spearheaded by @JolyonMaugham gets to the ECJ and wins
13 And this point - there's nothing at first sight to affect the ECJ case law on dual UK/EU27 citizens, discussed here eulawanalysis.blogspot.co.uk/2017/11/dual-c…
14 "Settled status" 😨
Conversion of EU27 citizens' status in the UK goes ahead, with a list of safeguards (there's more of them)
Conversion of EU27 citizens' status in the UK goes ahead, with a list of safeguards (there's more of them)
15 And yet - as I read the text "settled status" will just be the name in UK law attached to the EU law concept of permanent residence
15 Big issue for many: "comprehensive sickness insurance" requirement still applies. UK promised to waive it but that's not legally binding
16 "Why not just trust the UK!?" Err
17 I'll leave citizens' rights for now but will come back in detail when I annotate this text - remember it's largely based upon the December joint report, which I discussed in detail here: eulawanalysis.blogspot.co.uk/2017/12/the-be…
18 From the common provisions - access to databases chopped off at the end of the transition period.
Unless a replacement post-Brexit security agreement covers this - some suggestions here (there's no charge, @DExEUgov) - eulawanalysis.blogspot.co.uk/2018/02/lions-…
Unless a replacement post-Brexit security agreement covers this - some suggestions here (there's no charge, @DExEUgov) - eulawanalysis.blogspot.co.uk/2018/02/lions-…
19 Part Three is the "separation rules" - covering goods on the market, ongoing customs and VAT processes, conversion of intellectual property rights (heads up, @Ipkat et al)...
20 ...also criminal proceedings, where for instance European Arrest Warrants will lapse unless the fugitive was arrested on the basis of an EAW before the end of the transition period (see again my suggestions for a future security treaty)...
21 ...and ongoing cross-border civil litigation (for future suggestions, see: eulawanalysis.blogspot.co.uk/2017/08/cross-… ), public procurement, Euratom, data protection, pending cases and administrative proceedings, privileges and immunities.
22 *short break for hysterical laughter*
23 Next, the bits on the transitional period. At first sight, the Commission is sticking to the text it already tabled, which the UK has already responded to. Comments on that here: eulawanalysis.blogspot.co.uk/2018/02/annota…
24 The financial settlement. The Commission stuck to its promise not to revoke the UK rebate during the transitional period.
Mostly as agreed in December and discussed here: eulawanalysis.blogspot.co.uk/2017/12/the-da…
Mostly as agreed in December and discussed here: eulawanalysis.blogspot.co.uk/2017/12/the-da…
25 Reading that part of the withdrawal agreement constituted a breach of Article 3 ECHR.
Anyway here's the ECJ parts. Eight years of jurisdiction on EU citizens' rights, as previously agreed.
Anyway here's the ECJ parts. Eight years of jurisdiction on EU citizens' rights, as previously agreed.
26 This is new though: details on the powers of the independent body which will defend EU27 citizens' rights in the UK.
Would be useful to have a parallel clause on UK citizens in the EU27.
Would be useful to have a parallel clause on UK citizens in the EU27.
27 Also ECJ has some jurisdiction over the "separation provisions" and references to EU law in the financial settlement part.
28 There will be a Joint Committee with lots of tasks. It will have sub committees on citizens rights and other issues.
29 Disputes - attempt at political resolution first then possible recourse to ECJ.
ECJ jurisdiction is unavoidable where the dispute concerns EU legislation but should be avoided otherwise.
ECJ jurisdiction is unavoidable where the dispute concerns EU legislation but should be avoided otherwise.
30 The sanctions clause lives. Basically EU can sanction the UK proportionately if it allegedly breaches an ECJ ruling during the transitional period.
No need for this on top of the dispute settlement clause. Rather arrogantly one sided too.
No need for this on top of the dispute settlement clause. Rather arrogantly one sided too.
31 Wasn't there something else?
Oh, yeah. The Irish border.
Oh, yeah. The Irish border.
32 Equality rights and the common travel area preserved. Should be the easy bit. (This is all in a protocol).
33 The basic structure of the proposal subverts the December joint report. The first and second options of a deal and funky tech are referred to as backups. The main rule is the third option of "full alignment".
34 Here's my alternative suggestion which I suggest @DExEUgov tables tout de suite. The Commission's proposal could be a Joint Committee decision instead. eulawanalysis.blogspot.co.uk/2018/02/a-mode…
35 I will write up these proposals in detail later. But the basic idea is alignment with unspecified parts of the EU rules on free movement of goods and customs - not the whole internal market.
36 That's all for now. Sorry for a thread of Seth Abrahamson length. Sadly there's nothing in the proposed agreement that could be used to impeach Trump. /end
