Sunday 25 December 2016

EU regional parliaments may make Brexit difficult for the UK

European Court of Justice

From indication, it is probable that what happened to Canada before the signing of the trade deal with EU, when a small town in Belgium almost thwarted the whole process, may still repeat itself during Brexit negotiations with the EU.

Theresa May's arrangements for a post-Brexit exchange arrangement could be hindered by the national and provincial parliaments of the 27 part states after a landmark ruling by a top member from the European Court of Justice.

According to Eleanor Sharpston, the European Court of Justice's Advocate General, issued a lawful assessment deciding that an EU facilitated commerce with Singapore must be concurred by all part states.

It implies that a post-Brexit arrangement may be concurred by no less than 38 national and local parliaments, including the 27 national parliaments, no less than five local and linguistic parliaments in Belgium and no less than five upper chambers.

Recall that ealier this year an EU-Canada exchange bargain almost broke down after seven years of convoluted arrangements after the Walloon district of Belgium undermined to veto it.

The intercession of national and territorial parliaments could postpone an exchange bargain or even end it altogether.

Theresa May a week ago told a Commons board of trustees: “There may be, at the end of this process, some matters of mixed competence that need to be ratified by individual national  parliaments as well as by the rest of the process.

“That is something that we are well aware of and that is something that those we will be negotiating with are well aware of.”

In her decision Mrs Sharpston, perceived that her choice will bring about "difficulties" for the European Union yet demanded this did not influence the legitimate position.

The ECJ said: “While the Advocate General notes that difficulties may arise from a ratification process involving all of the member states alongside the EU, she considers that that cannot affect the question of who has competence to conclude the agreement.”

Mrs Sharpston found that member countrys’ endorsement will be required in the territories of air and oceanic transport, work and environmental values, social arrangement, a few parts of licensed innovation rights and debate settlement.

Her sentiment is holding off on official until a further choice by the Luxembourg-based court all in all one year from now, yet as a rule the court takes after the Advocate General's conclusion.

According to Catherine Barnard, an educator of European Union law at the University of Cambridge: “This will make Britain’s trade deal hugely more difficult and will make the process hugely longer, because they will have to keep an eye not only on what the EU wants but also what all the national capitals and even the regional parliaments want.

“It’s grossly inconvenient for the UK, which is faced with exactly the same as what happened with the Canadian agreement and the Walloons.


“The Walloons were eventually leant on to change their minds, but that may not be so easy with the UK deal as it will be more contentious because it is likely to be more far-reaching, covering issues like financial services.”

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