On 31 January 2020, the United Kingdom left the European Union. No longer an EU Member State, the UK’s relationship with the EU has changed fundamentally. That new relationship is governed by new legal instruments (both international and domestic). This represents a new, developing area of law (distinct from EU law) concerning the specific relationship between the EU and the UK: EU Relations Law, covering all aspects of the new relationship between the EU and the UK post-Brexit. This includes the potential for private parties to assert rights and bring claims based on legal agreements concluded between the UK and EU. It also includes the potential for legal disputes between the EU and the UK. This relationship needs to be assessed from two viewpoints.
First, as a matter of international law, the originating source of those laws and rights is (at least for now) the Withdrawal Agreement between the EU and the UK, which entered into force on the 1 February 2020. That Agreement comprises two aspects: the Withdrawal Agreement itself (including the Protocol on Northern Ireland) and a political declaration. It is that political declaration which, in time, is likely to develop into another – more comprehensive – agreement between the EU and the UK. That is likely to be the originating source of a considerable body of law, for a considerable time.
Second, as a matter of domestic law, the rights and obligations arising under the Withdrawal Agreement have been implemented within the UK (as a dualist state) under the EU (Withdrawal) Act 2018 and the EU (Withdrawal Agreement) Act 2020. Any future agreement will also need implementing domestically.
This blog explores all areas of EU Relations Law from both perspectives. Blog posts are written by specialist barristers at Monckton Chambers, legal academics, policy experts, regulatory officials and solicitors. Posts are organised by categories, which can be selected using the menu on the sidebar.