Exercises in Legal Acrobatics: The Brexit Transitional Arrangements

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Table of Contents: I. Introduction. – II. Art. 50 TEU: does it provide for a transitional arrangement? – III. Art. 50 TEU as a transition. – IV. Tailor-made transitional arrangement. – IV.1. Introduction. – IV.2. Where to regulate a transitional arrangement? – IV.3. Institutional and substantive aspects of a tailor-made transitional arrangement. – V. Conclusions.

Abstract: With the imminent closure of the first part of Brexit negotiations, the EU and the UK are shifting the centre of gravity from discussions about the termination of membership to the future arrangements. Anyone au courant with EU affairs is aware that what is left of the two-year period laid down in Art. 50 TEU will not be enough to negotiate, to sign and to ratify a future trade agreement. This is one of the reasons why both sides have recently engaged in discussions about a transitional period. As this Article proves, this is idea has merits, yet it will be hard to accomplish a plausible solution. Arguably, it may be more beneficial, and less problematic, to extend the two-year period instead.

Keywords: withdrawal from the EU – Brexit – transitional regime – Art. 50 TEU – withdrawal agreement – United Kingdom.

European Papers, Vol. 2, 2017, No 3, pp. 845-862
2499-8249 - doi: 10.15166/2499-8249/179

* Professor of European Union Law, Westminster Law School, University of Westminster, London, a.lazowski@westminster.ac.uk

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