Brexit: EP Think Tank Analysis Draft Withdrawal Agreement
20 October 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

In July 2018, the European Parliamentary Research Service (EPRS) released an in-depth analysis on the draft withdrawal agreement published by the European Commission on 19 March 2018. Additional points settled in negotiations up to June 2018 were also included. The report aims at providing an overview of the main areas already settled by the negotiators as well as areas of persisting difficulty or disagreement.

The report concludes that significant progress has been made in settling several crucial issues for a draft withdrawal agreement, in particular as regards citizens’ rights and financial settlement. It also welcomes the proposed transitional period that would last for 21 months from “Brexit day,” namely 30 March 2019. During this period, the UK would preserve the existing EU acquis and have time to implement the withdrawal agreement. This would give business and citizens a certain amount of security while preparing for the changes arising from Brexit.

Notwithstanding, the authors of the EPRS report see two major issues that have not yet been resolved:

  • The jurisdiction and powers of the CJEU as regards interpretation and application of the agreement;
  • The border between Northern Ireland and Ireland after Brexit.

The report also notes that time is running out for the negotiators since the withdrawal agreement should be completed by October 2018.

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2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Public Law Department

Senior Researcher