Andrew Duff -  On Governing Europe

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Running Commentary X

A new entente The big Brexit picture is that the UK continues to stumble towards a future association agreement with the EU. Until Article 50 is triggered there will be no official recognition by the EU of this scenario, and the Westminster parliament has yet to get its head(s) around the concept. But experts are… » read more

Posted by Andrew Duff

Running Commentary IX

Remainers look for meaning The second reading debate in the House of Lords (20-21 February) on the Bill to allow Theresa May to pull the trigger on Article 50 turned on whether parliament should insist that the government give it a ‘meaningful’ vote on the outcome of the Article 50 negotiations. Nobody quite nailed what… » read more

Posted by Andrew Duff

Running Commentary V

There will be times when running commentary on Brexit has to break out from a trot into a sprint. This week is one of those. The resignation of Sir Ivan Rogers as UK Permanent Representative to the EU has been widely reported. People seem more surprised than they should have been. It is not news… » read more

Posted by Andrew Duff

Running Commentary IV

1. While British ministers continue to give confusing signals about what the government wants out of Brexit — presumably by mistake, given their disavowal of ‘running commentary’ — there appears to be a toughening up of the EU’s negotiating stance. In Brussels, Michel Barnier speaks of nothing other than the three formal stages of Brexit:… » read more

Posted by Andrew Duff

Running Commentary II

1. The British government has decided to offer weekly Brexit briefings to the foreign media. But British journalists will be excluded, leaving many of them in their habitual state of incomprehension or prejudice about the European Union. Ministers still insist they will give ‘no running commentary’ on Brexit. Until they do so, at least, I… » read more

Posted by Andrew Duff

In London everyone is agitated about how to trigger Article 50. Proceedings continue in the English High Court on whether the government needs the consent of parliament before it triggers Article 50. It should surprise nobody that the EU dimension is largely absent from the London courtroom. Nobody mentions that Theresa May, in her capacity… » read more

Posted by Andrew Duff

For the moment, attention is focussed on the future trade relationship between the UK and the EU. Given that Brexit means Brexit, as Theresa May lucidly puts it, British negotiating options boil down to three: (1) to try for access to the single market via the European Economic Area, like Norway; (2) to fall back… » read more

Posted by Andrew Duff

As no member state has ever left the European Union, there is no useful precedent for the process of British withdrawal under Article 50 TEU. There are, however, several association treaties between the EU and third countries which may offer guidance as the UK seeks to define a new settlement with the EU once its… » read more

Posted by Andrew Duff

Most people will have never read a single article of the Treaty on European Union (TEU) before they stumbled recently across Article 50. Alas, those ‘most people’ seems to include many British lawyers and politicians whose acquaintance with the constitution of the European Union has been hitherto remote. So here is my guide to Article… » read more

Posted by Andrew Duff