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Brussels Gets Brexit Wrong — Again
Theresa May, the British prime minister, recently sent a letter to Donald Tusk, president of the European Council, announcing that the UK would withdraw from the EU under the procedures set out in Article 50 of the Lisbon Treaty. Her letter noted that, even though withdrawal was irrevocable, the UK seeks to forge the closest and most cooperative arrangement possible with the EU moving forward. Although Article 50 prevents the EU from blocking Brexit, it offers little by way of guidance on how the exit negotiations should proceed.
The treaty provides that if the parties fail to reach an agreement within two years, the EU treaties “shall cease to apply” to the UK unless both sides agree to an extension. If not, all relations under the EU are severed, even if other obligations, such as those under the World Trade Organization, remain in place. Still, Article 50 of the Treaty contemplates that withdrawal from the EU need not constitute a clean break, given that in working out the terms of withdrawal, the parties may take into account “the framework for [the UK’s] future relationship with the Union.” The treaty also provides that the EU will entrust its side of the negotiations to the head of its negotiating team, who in this instance is Michel Barnier, a French politician. At this point, everything is up for grabs.
The Brexit process has now been launched, and the different attitudes taken by the two sides to the negotiations are, indeed, striking. In her well-crafted letter, Prime Minister May sought to preserve good relations with the EU after the breakup. There was of course no denying that the UK left Brexit because of its unhappiness with the dominant position that the EU Commission in Brussels held over economic and social matters in Britain; the Commission has the ability in many important areas, such as employment law, to require each member state to harmonize its laws with the EU’s directives. That direct control from the center was in stark contrast to the earlier plan of a smaller European Economic Community, which stressed four freedoms involving the movement of goods, services, capital, and people across national boundary lines. In June 2016, the UK voted to leave the EU in large measure to avoid the Union’s control on matters of economic regulation and the movement of people, especially immigrants, across national boundaries.