Northern Ireland and ‘Brexit’: The European Economic Area Option

12 Pages Posted: 16 Mar 2017 Last revised: 31 May 2018

See all articles by Brian Doherty

Brian Doherty

Independent

John Temple Lang

University of Dublin - Trinity College; Cleary Gottlieb Steen & Hamilton LLP

Christopher McCrudden

Queen's University Belfast - School of Law; University of Michigan Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Lee McGowan

Queen's University Belfast - Department of Politics and International Studies

David Phinnemore

Queen's University Belfast

Dagmar Schiek

Sutherland School of Law, University College Dublin; University College Cork - School of Law; Queen's University Belfast - School of Law; Queen's University Belfast - School of Law; University of Bremen (- 10/1999); University of Leeds - up to 10/2014

Date Written: April 4, 2017

Abstract

UK withdrawal from the EU poses many challenges for Northern Ireland. The preferred option of Northern Ireland's First Minister and deputy First Minister is, in many respects, for the status quo to be maintained. An approach that could mitigate some of the impact of Brexit on Northern Ireland and maintain much of the economic status quo is for Northern Ireland to become a member of the European Economic Area (EEA). This paper sets out what the EEA offers and highlights how EEA membership might be achieved as well as the issues it raises. In the EEA, Northern Ireland would retain full access to the Single Market. It would continue to be part of a European market with the free movement of goods, services, capital and people. EEA membership would also permit some citizenship rights to be maintained. It would not be a panacea, however. It would also bring with it political and legal challenges. But it is a known arrangement and would therefore ensure a significant degree of certainty.

Keywords: Brexit, Northern Ireland, European Economic Area, EEA

Suggested Citation

Doherty, Brian and Temple Lang, John and Temple Lang, John and McCrudden, Christopher and McGowan, Lee and Phinnemore, David and Schiek, Dagmar G., Northern Ireland and ‘Brexit’: The European Economic Area Option (April 4, 2017). U of Michigan Law & Econ Research Paper No. 16-038, U of Michigan Public Law Research Paper No. 543, Queen's University Belfast Law Research Paper 2018- 01, Available at SSRN: https://ssrn.com/abstract=2933715 or http://dx.doi.org/10.2139/ssrn.2933715

Brian Doherty

Independent ( email )

John Temple Lang

University of Dublin - Trinity College ( email )

2-3 College Green
Dublin, Leinster D2
Ireland

Cleary Gottlieb Steen & Hamilton LLP ( email )

Rue de la Loi 57
Brussels, 1040
Belgium

Christopher McCrudden (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, Northern Ireland BT7 1NN
United Kingdom

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Lee McGowan

Queen's University Belfast - Department of Politics and International Studies ( email )

University Road
Belfast BT7 1NN
Northern Ireland

David Phinnemore

Queen's University Belfast ( email )

David Leir Building
Belfast BT7 1NN, BT9 5AG
Ireland
(+44) 028 90335560 (Phone)
(+44) 028 90683543 (Fax)

HOME PAGE: http://www.qub.ac.uk/ies/staff/dphinnemore.html

Dagmar G. Schiek

Sutherland School of Law, University College Dublin ( email )

Belfield
Dublin 4
Ireland

HOME PAGE: http://https://people.ucd.ie/dagmar.schiek1

University College Cork - School of Law ( email )

School of Law (-10/2023)
Aras na Laoi, College Road
Cork, County Cork
Ireland

Queen's University Belfast - School of Law ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

Queen's University Belfast - School of Law ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

University of Bremen (- 10/1999)

Bremen
Germany

University of Leeds - up to 10/2014 ( email )

Leeds, LS2 9JT
United Kingdom

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