Implementing Transition: Legal and Political Limits

Abstract

The United Kingdom Government is looking to negotiate an interim framework for cooperation with the European Union. This framework will apply in the period between the UK’s exit from the EU and the agreement of a more comprehensive deal between the UK and the EU. The aim of this technical paper is to explore in more detail the legal and political limits to the creation of an interim framework. A key legal issue is the extent to which an interim framework can be negotiated within the scope of the Article 50 withdrawal process.

The paper considers four options:

• A ‘stand-still’ transition. • A ‘provisional’ trade or association agreement. • Deferred departure. • Interim membership of the European Free Trade Association (EFTA), and use of its European Economic Area Agreement (EEA) with the EU.

Keywords: Constitutional Law, UK Law, EU Law, Brexit, European Union Law

JEL Classification: K00, K1, K10, K19, K3, K30, K39, K4, K40, K49