17 May 2016
Most post-Brexit analysis refers to negotiations aiming for a new settlement with the EU. But how easy would it be to effect the break up in the first place?
Executive Summary
- More thought is required for the practicalities and mechanisms of Brexit.
- The EU treaty provides for a two year withdraw process, but this is unlikely to be adequate.
- With 7,500 UK laws containing EU law, the disruption will be huge.
- Transitional provisions will likely be required; which will be complex to negotiate.
- So to what extent will the UK wish to change UK laws that contain EU law before the final conclusion of the withdrawal treaty? In my view this is for the most part unlikely as: • The quantity of laws to be addressed is so great. • Legislators would wish to consider UK law changes in the context of any future deal with the EU, which would then be in the process of negotiation.• UK parliamentary procedures for new legislation generally take two years. • Internal UK political differences will delay further. • Third party treaties and UK gold plating of EU laws will add complexity. • Complicated consultation with business will be required.