you as a person or firm can go to a court and rely on the EU law (not common for international law)The Supremacy of EU law EU law shall always prevail over any other national law European Economic Area (FTA, not a customs union) WTO package of agreements under the umbrella of the WTO entered into force on January 1995 including - General Agreement on Tariffs and Taxes (GATT)- General Agreement on Trade in Services (GATS)27
-Difference between EU law and WTO there is no direct effect and principal of supremacywith the WTOlike with EU law- Major accomplishments of the WTO:- Reduction in tariffs on products in international trade - No common market, no regulatory homogeneity- Expansion of the international trade rules the WTO/GATT 1947 has generated a global legal system accepted by all WTO membersBrexit Areas that EU law concerns it’s a very broad matter!Brexit was meant to be conducted in 3 stages1.Withdrawal (the UK left the EU on 31 Jan 2020)2.Transition period (1 Feb 2020 – 31 Dec 2020)3.Future relations (from 1 Jan 2021 and onwards)Three key issues in withdrawal agreement – rather limited agreement1.Citizens’ rights (brits in Sweden and swedes in UK for instance)2.Financial settlement (“divorce bill”)3.Northern Ireland- Services (including financial services) are not included in the agreement28
Transition period (implementation period?)-Everyone doing business with UK must adapt to new rules and regulation- Brought into effect immediately after UK exiting the EU it said that EU lawwill still continue to apply as long as the transition period goes on Since UK is no longer a member they are not allowed mandate over the laws but simply follow the EU Law (only law taker not law maker)Negotiations are still ongoing - Negotiations have been characterized by very low trust UK’s breach of international law regarding Northern Ireland Remaining issues:- How will EU fisherman have access to UK waters- “Level playing field” UK should have similar standards as EU- Enforcement how will international laws be enforced in the futureExternal distractions:- Covid-19 p EU vs. US(and the rest of the world)- Less than a month and a half to end of transition period time pressure- It will not be and “ambitious, broad and flexible partnership” hard Brexit- No deal still a possibility- In that case countries will fall back on WTO and domestic law- Tariffs + very limited on services (non-discrimination)What can be expected?- Goods- No tariffs or quantitative restrictions – no common regulatory framework more expensive to import and export between EU/UK common market will not include UK- Regulatory requirements + rules of origin- Border checks required (check that products comply with set up EU standards)-Services- Limited (“WTO baseline”) no “passport” for financial services- Data transfer between UK and EU states/citizens29
-Dispute settlementno individual rightsReflections on Brexit- EU originates from an incentive to create peace in Europe a continent characterized by war between countries- EU-army? What kind of institution will EU become then?