Under EU rules, EU member states cannot make separate trade deals with individual member states or non-EU countries on their own.
However, there is no legal precedent for a country to leave the EU and therefore need to renegotiate any trade agreement.
It is unclear whether invoking Article 50 would result in a change to the UK’s membership status, and therefore permit trade negotiations to begin with the EU and other non-EU countries (including those who already have agreements with the EU).
Whilst the definition of benefit is a subjective issue, there are a number of items UK (and EU) consumers receive as part of their membership of the EU.
These items will continue in full whilst the UK remains a member of the EU.
Whilst not an exhaustive list, benefits will include:
As no member state has left the EU before, it is unclear what, if any, benefits will be available to the UK post Article 50. These would be subject to Article 50 exit negotiations.
Source: http://www.moneysavingexpert.com
Yes. The European Court of Human Rights (ECHR) is not an institution of the European Union.
The ECHR is responsible for a fundamental rights law called the European Convention of Human Rights which is enacted into UK law via the the 1998 Human Rights Act. The convention is an international treaty to protect human rights and fundamental freedoms in Europe.
Parties signing up to the convention include all 47 members of the Council of Europe
This is an area of debate and subject to great legal debate at present.
Article 50 says any EU member state can leave “in accordance with its own constitutional requirements”.
Without Parliament’s backing any prime minister invoking Article 50 without Parliamentary approval would be exercising what are known as prerogative powers. These are a collection of executive powers held by the Crown since medieval times and now reside with HM Government. These powers are often used in foreign affairs Parliament has largely left to the government. Case law establishes these executive powers cannot trump an act of Parliament.
It is therefore argued that under our constitutional settlement, the prime minister cannot issue a notification under Article 50 without being given authority to do so by an act of Parliament.
This is an issue which will require significant legal debate by specialists to determine the exact process for the Prime Minister to be able to withdraw from the EU.
This UK Parliamentary act clarifies and increases the UK Parliament’s control over aspects of EU decision making. Notably:
The UK Government’s Fact sheet explaining the Act details:
“This Act of Parliament:
Source: www.legislation.gov.uk (EU Act 2011)
The Treaty of Le Touquet is an example of a Juxtaposed Control: this refers to an arrangement between Belgium, France and the United Kingdom whereby immigration checks on certain cross-Channel routes take place before boarding the train or ferry, rather than upon arrival after disembarkation.
The Treaty of Le Touquet is an agreement between France and the UK signed in 2003 which permitted juxtaposed controls on some cross-Channel ferry routes. It was enacted in the UK into law via the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003.
This resulted in UK immigration entry checks being performed at Calais and Dunkirk, in addition to French exit checks.
A similar agreement is in place for rail travel as a result of the Eurostar/Eurotunnel
A number of UK special food products have been awarded Protected Geographical Status under EU law. This protects their name and composition from inferior duplication. Examples of this include West Country Farmhouse Cheddar, and Scottish beef.
Once the UK withdraws from the EU these protections will no longer be available (as EU law will not apply in the UK). The protection of such products may be part of the UK-EU withdrawal negotiations.
The Treaty of Lisbon is an international agreement which amends the two treaties which form the constitutional basis of the European Union (EU) – i.e. they give the EU powers and rights as agreed by signatories (member states). They are the Maastricht Treaty and the Treaty of Rome. This is what gives the EU rights to set legislation and regulation over its member states.
The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009. This amended the Maastricht Treaty (1993), known in updated form as the Treaty on European Union (2007), and the Treaty of Rome (1958), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU.
The Maastricht Treaty when created in 1992 established the concept of the European Union, and the single currency, the Euro.
Image of the evolution of the EU from en.wikipedia.org.
Source: en.wikipedia.org (Treaty of Lisbon)
Source: en.wikipedia.org/ (Structural Evolution of the European Union)
The Schengen agreement “is a treaty which led to the creation of Europe’s Schengen Area, in which internal border checks have largely been abolished.”
Its signature, supplemented by the Schengen Convention, has seen the establishment of “measures intended to gradually abolish border checks at the signatories’ common borders, including reduced speed vehicle checks which allowed vehicles to cross borders without stopping, allowing residents in border areas freedom to cross borders away from fixed checkpoints and the harmonisation of visa policies.”
Whilst the treaties enable easier movement between member states participating in the Schengen Agreement, the agreement is not related to the Free Movement directives.
The Schengen Area is bounded by the borders of 22 of the 28 member states of the EU – of the 6 remaining countries:
Another 4 countries that are not in the EU, but are in the European Free Trade Association (EFTA) – Iceland, Liechtenstein, Norway, and Switzerland – have signed agreements on association with the Schengen Agreement, even though they are outside the EU.
A number of things must happen prior to the UK actually departing from the EU, since the referendum was a non-binding referendum.
Until the UK formally invokes Article 50 from the EU, it remains a full member of the EU with all the powers and rights of a full member. There is no time limit to when the UK must invoke Article 50.
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