The Brexit and the questions running on the triggering of Article 50 has been up-in-the-air since the referendum election in 2016. The sudden win in Britain and United Kingdom has not yet arrived into negotiations with the European Union, as the Tories government under Prime Minister Theresa May has tried to keep her cars at bay, while hoping for mercy from the counter-parts in Brussels. As the EU Parliament and EU MEPs might think otherwise, with the knowledge of the sleek ‘White Paper’ from the Tories Government, the legal committee of the European Union has done more preparation or delivered are more detailed document, that can tell what the British government and negotiation team has to assess. They will not have a job or getting off easy.
This document is addressing the matter with fierce tone and with clarity that hasn’t been seen from the British counter-parts. They have been more secretive or less visions on how to fix the questions of the economic and legal problems that arrives with United Kingdom leaving the EU as a Member State. That opens a lot of doors, but closes also some. The EU certainly has some bargain chips and can be it horrible for the UK government as they want to leave with something worthwhile for their electorate.
As been said in the report: “The principal of acquired rights may well apply to the continuance of specific entitlements acquired validity in the past – for example, the right to a pension or the right to be considered the owner of real property. However, the principal of acquired rights cannot logically be extended in a such way as to confer an unrestricted ongoing entitlement to specific advantages in cases where the legal framework for those advantages has fallen away, as is the case when a Member State leaves the European Union. It cannot, therefore, be considered that a person who is no longer a Union citizen will continue to have unrestricted rights such as that to live, work and study in the European Union, or to benefit from social security arrangements such as reciprocal healthcare entitlement’s unless, of course, as may be hoped, special provisions are made for the continuance of such rights. As far as the conditions under which UK nationals may reside in other Members States are concerned, it is submitted that these are matter of national laws” (EP CLA, P:2, 2017).
This specifically says if nothing special issued between the Tories and the ones in Brussels, there might be harder for UK nationals to live and work in EU Member States, which isn’t an issue today as the free movement and such has graced the opportunities for British people to reside in Spain, Italy or France for that matter instead of living in Brighton or in Swindon. This is something that will be hard question and not easy bargain for either EU or the UK government.
“The most important legislation in the area of civil justice cooperation is the Brussels I regulation (Regulation (EU) No 2012/1215) on jurisdiction, recognition and enforcement of judgements in civil and commercial matters, which would no longer apply between the UK and the Member States, meaning judgements will no longer be recognised or enforced in other jurisdictions automatically. Older bilateral agreements such as the existing between Germany and Britain may go some way to bridging the gap, but will not suffice completely. Brussel I could be replaced by the Lugano Convention (as is the case for Switzerland and others) or by ad hoc convention (as is the case for Denmark, which is excluded from civil justice cooperation). That being said, as it currently stands, the Lugano Convention was signed by the EU and not individual Member States. According to Art. 70, the United Kingdom is not one of the states entitled to join the convention” (EP CLA, P: 3, 2017).
That United Kingdom leaving the Union seems to not only have implications for the UK citizens who live and works inside the Union, but legal authorities and co-operations like the Brussels I regulation. So the civil lawsuits and the legal breaches between the nations might be altered with the restriction of UK from the Union. That will make it harder for the UK government and businesses to get legal authority or even solve legal matters on the continent, as they are not involved like they are today. So they need even to apply to Lugano Convention and follow procedures to have another way in, like the Danish government has done in the past. That means for a fixed amount of time, there will be issues between the EU Member States and UK government.
When it comes to UK businesses this is scenarios and such that will affect the state and their operations: “The Shareholder Rights Directive: The European Parliament reached an agreement with the Council on 7 December 2016 on a final text on the proposal for a Directive amending Directive 2007/36/EC as regards the encouragement of the long-term shareholder engagement. A vote in plenary is planned for March” (…) “In case of Brexit it takes effect before the time-limit for its transportation (for the most part, 2 years after publication), the UK will not be obliged to implement this directive. Even if the Brexit takes place after the date nothing guarantees that the UK will transpose it. In any case, after Brexit becomes effective, shareholders of UK companies will not enjoy rights under this directive” (EP CLA, P: 5, 2017).
This will show the aftermath of the businesses and how they will have to implement it to make sure they still are following guidelines for businesses inside the EU. That shows that even as a sovereign nation or state, they have to be parts of some long-term engagements that is evident with this one.
As continued with: “European Company (SE): Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company (SE) allows for the creation of a European public liability company, known as the Societas Europaea (‘SE’)” (…) “When Brexit becomes effective it is likely that any UK companies that have adopted SE status would lose that status. If they want to maintain it, they may need to relocate their registered office if the UK becomes a non-EEA state following a Brexit” (…) “With Brexit, this regulation will no longer apply unless the UK incorporates its contents into domestic law or makes other arrangements to maintain it. Cross-border insolvencies will become more complex as there will be jurisdictional issues to determine. Further, UK insolvency professional (notably liquidators) will not be automatically recognised as competent in other Members State” (EP CLA, P: 6, 2017).
So this is initially saying that with the loss of the EU Member State will implicate the companies’ legal status and their rights to markets that they have through the SE status in the European Union. So the UK companies have to either flee their headquarters in the United Kingdom or use time to reregister their businesses as the companies turn into new territory when their state turn into a non-EEA state, which indicates the taxation and regulatory means of their transactions and their portfolios will be changed or has to adapt to the new regime. This can be costly for the international businesses and financial markets like this can hurt the City of London.
By just these measures the UK companies and EU companies will be registered differently, if not their headquarters has to be moved to Belgium, Luxembourg or Poland to be sufficient for the regulatory bodies in the EU as their businesses will be seen as non-EEA state corporations. That affects a dozens of corporations, their employees and the financials flows in and out of the United Kingdom.
There we’re many other factors who we’re in play in the report, but they’re on the copyrights and staff regulation in the EU Organization. These are important to, but deserve to be taken on own accord and questioned by somebody who feels like it.
All the issues here brings to the clarity and must be hard read for the ones that thinks Brexit will be easy and soft for the United Kingdom when they becomes a Non-EEA State. This is a proof of the inner workings and preparations done by the diligent civil servants in the European Parliament in the Brussels. This paper sheds more light than before and also the indications of the future for political and transactions between the United Kingdom and the European Union; as the negotiation starts after the triggering of the Article 50! Peace.
European Parliament – Committee on Legal Affairs: ‘Report on the Consequence of Brexit’ (13.01.2017)