)
By Avidan Kent Senior Lecturer at the University of East Anglia
Brexit is looming, the deadline is getting closer and no one knows how things will turn out. Numerous scenarios are mulled by politicians, journalists and academics and yet, both parties do not seem to be genuinely willing to negotiate a mutually beneficial agreement.
The UK declared the Brexit referendum with no real strategy for dealing with a Leave result. Two years later, it seems that not much has changed in this respect; it is not clear who is running the show, what the government’s position it, and whose interests are motivating the UK’s decision-makers.
The EU on its part, seems to be motivated by vengeance. The oft-repeated reasoning of ‘making an example out of the UK for the sake of the Union’s unity’ does not hold water. Most will agree that an ‘Armageddon scenario’ is very unlikely. The UK is still one of the biggest economies in the world and in any event, Brexit does not mean a complete siege; trade will continue to flow, even if with more difficulties and expenses.
Joseph Weiler commented on the EU’s attitude just a few months following the referendum.
“If the interest of the kids is really in one’s mind, it behooves any divorcing couple to get as quickly as possible beyond the anger stage.”
Two years later, one starts to wonder whether the interest of the kids is indeed in the parents’ mind. The EU’s hostile approach did not genuinely disappear, and the UK still seems to be led mostly by whatever internal leadership fights are taking place within the Conservative Party. Businesses were promised that by October they would have more details about the black regulatory hole, otherwise known as January 1st 2021. This overly optimistic October deadline has already been pushed to November, and the prospect of a ‘no deal’ scenario - which was dismissed by most up until recently – is starting to look like a real possibility.
This summer, as the title of this series suggests, was supposed to be ‘great’. The negotiations were supposed to be running at full speed, trust should have been restored, and a clearer future was supposed to be in sight. Instead, fitting with the publication date of this mini-symposium, this summer is mostly ‘late’. More than two years following the referendum and little has changed.
A look forward into the future does not reveal much. It is hopeful that logic will prevail; that the long-lasting cultural and economic ties between the parties will restore the once amicable relations between the UK and the EU. Crystal ball gazing, however, is not a task for legal academics. Our task is different; we must harness our expertise in order to shine a light on those issues that will be most difficult to address. To analyse problems; to offer solutions, and mostly, to speak up. To speak up in an accessible manner, and through approachable platforms. In other words, we need to be of more use.
This online mini-symposium will attempt to do exactly that. To bring experts from a variety of fields, and ask them to pick one issue that, in their view, negotiators and/or the public should be aware of. While it is clear that the Brexit will touch on almost every aspect of our lives, bloggers will address here mostly the impact on the business environment. Bloggers will therefore address topics such as competition law, public procurement, trade in services, data protection, dispute settlement and more.
The Brexit process is probably the most complex project of economic dis-integration in recent history. It implies the undoing, and reassembling, of complex economic, social and cultural links. In normal circumstances, a project at this magnitude should not be rushed. Due to self-imposed deadlines, however, the parties must now increase the pace of progress. That is, of course, if the ‘interest of the kids’ is indeed in one’s mind.
Whether Brexit was the correct move or not is a question for the people to answer, not academics. It is hoped however that this series of posts will enable more members of the public, whether journalists, politicians, academics, or any interested individual, to evaluate and understand the magnitude of the task at hand, and develop more tools to ensure accountability and public scrutiny.
[1] https://www.ejiltalk.org/editorial-the-case-for-a-kinder-gentler-brexit/