Enforcement of EU law post-Brexit: What are the possible scenarios?

Dadomo, Christian

Abstract

On 27 January 2017 Philip Hammond admitted that the UK was not allowed to negotiate trade agreements with the US until it had formally left the European Union (this is different from the situation of the UK having declared that it hoped to be able to adopt the EU’s free trade agreements after Brexit). This is indeed correct. Under Article 207 TFEU the Commission is responsible for negotiating treaties that fall within the competence of the EU. If the UK were to start such negotiations it would breach its treaty obligations.

• Journal Article Type: Article
• Acceptance Date: Feb 6, 2017
• Publication Date: Feb 6, 2017
• Deposit Date: Feb 8, 2017
• Publicly Available Date: Feb 8, 2017
• Journal: EU Law and Policy blog
• Peer Reviewed: Not Peer Reviewed
• Keywords: EU enforcement procedure, Brexit, UK's obligations under EU law
• Public URL: https://uwe-repository.worktribe.com/output/898617
• Publisher URL: https://eulawpol57.wordpress.com/2017/02/06/enforcement-of-eu-law-post-brexit-what-are-the-possible-scenarios/
• Contract Date: Feb 8, 2017