Brexit Transitional Arrangements: Legal and Political Considerations
15 Pages Posted: 27 Nov 2017
Date Written: November 17, 2017
This paper assesses the different options for the post-Brexit transition. It explores each option in detail, considering how it could be achieved in practice, what the salient legal and policy implications are, and whether it is politically feasible.
The most desirable and simplest transition option, consistent with the UK and EU’s position, is extending the acquis communautaire, without membership. It would mean minimal disruption to UK-EU cooperation and trade. However, it would entail continued budgetary contributions, ECJ jurisdiction and the primacy of EU law (including free movement).
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