The European Commission has today published six position papers on key aspects of the Brexit transition covering: police and judicial cooperation, functioning of Union institutions, Governance, the fixing of the time when goods are placed on the market for the purposes of determining the applicable law, judicial cooperation in civil and commercial matters and ongoing EU judicial and administrative procedures. One key issue which these position papers address is the point in time when, in the Commission’s view, the switch is to be made in each of these areas from the application of EU law to the application of whatever legal arrangements take the place of EU law.
The position papers make interesting – and sometimes disturbing – reading for lawyers. For example:
The position papers are of course only a first cut of the EU’s position. They have been circulated to the EU 27 for consideration. Further the actual arrangements will be determined by whatever is actually agreed in the terms of the Withdrawal Agreement itself, and whatever may be agreed as regards the longer term relationship between the UK and EU. It is difficult – though unfortunately not impossible – to imagine, for example, that the UK and EU will not at some stage agree a framework for the mutual recognition of civil judgments. However, for lawyers advising their clients on the Brexit transition and businesses planning for transition risks, the position papers make for essential reading.