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The UK left the European Union at 23:00 GMT on 31 January, but that is not the end of the Brexit story.

That's because the UK has now entered an 11-month period, known as the transition, that keeps the UK bound to the EU's rules.

So what is the transition and why is it necessary?

What is the transition period?

The transition (sometimes called the implementation period) is due to last until 31 December 2020.

During this period, the UK will remain in both the EU customs union and single market.

That means, until the transition ends, most things will stay the same. This includes:

Travelling to and from the EU (including the rules around driving licences and pet passports)

Freedom of movement (the right to live and work in the EU and vice versa)

UK-EU trade, which will continue without any extra charges or checks being introduced

Now transition has begun the UK will automatically lose its membership of the EU's political institutions, including the European Parliament and European Commission.

So, while the UK will no longer have any voting rights, it will need to follow EU rules. The European Court of Justice will also continue to have the final say over any legal disputes.

The transition also means the UK will continue to contribute to the EU's budget.

Why is a transition necessary?

The idea behind the transition period is to give some breathing space to allow new UK-EU negotiations to take place.

These talks will determine what the future relationship will eventually look like.

Both sides have already outlined their broad aims, in a 27-page document known as the political declaration.

What needs to be done during the transition?

Top of the to-do list will be a UK-EU free trade deal. This will be essential if the UK wants to be able to continue to trade with the EU with no tariffs, quotas or other barriers after the transition.

Tariffs are a type of tax, usually paid on imported goods. If goods are subject to quotas, it means there are limits on how many can be traded over a given period.

Both sides will also need to decide how far the UK is allowed to move away from existing EU regulations (known as level playing field rules).

However, a free trade deal will not eliminate all checks between the UK and EU. So businesses will need to prepare.

In 2018, total UK trade (goods and services) was valued at £1.3 trillion, of which the EU made up 49%.

As well as negotiating a UK-EU trade deal, the transition will also allow the UK to hold formal trade talks with other countries - such as the US and Australia. If completed and ready in time, these deals could also take effect at the end of the transition.

The pro-Brexit camp has long argued that allowing the UK freedom to set its own trade policy will benefit the economy - although critics say it's more important to remain close to the EU.

Aside from trade, many other aspects of the future UK-EU relationship will need to be decided. For example:

Law enforcement, data sharing and security

Aviation standards and safety

Access to fishing waters

Supplies of electricity and gas

Licensing and regulation of medicines

The UK will also need to design and implement many new systems, such as how it will handle immigration once freedom of movement comes to an end.

What could Brexit look like after the transition?

At the end of the transition phase, there will be three possible Brexit outcomes:
A UK-EU trade deal comes into force
If a UK-EU trade deal is ready by the end of the year, the UK could begin the new trading relationship as soon as the transition ends.

While there is no guarantee a deal can be struck in time, the government is optimistic. The European Commission, on the other hand, has warned that the timetable will be extremely challenging.

If a trade deal is reached but questions remain in other areas - like the future of security co-operation - then the trade deal would go ahead. However, contingency plans would have to be used for other parts of the relationship.
The UK exits transition with no EU trade deal
Under this scenario, UK and EU negotiators fail to agree and implement a trade deal by 1 January 2021 and no transition extension is agreed.

That would leave the UK trading on WTO (World Trade Organization) terms with the EU. This means that most UK goods would be subject to tariffs until a free trade deal was ready to be brought in.

If other aspects of the future relationship aren't ready, they too would have to proceed on no-deal terms.
The transition period is extended while negotiations continue
If a trade deal is in sight but not finalised, Prime Minister Boris Johnson could decide to extend the transition period (as long as the EU also agreed to it). Under the terms of the withdrawal agreement, the transition period is allowed to be extended by 12 or 24 months. If a trade deal were to be struck sooner, the transition period could be ended earlier.

The withdrawal agreement says the two sides need to agree to extend the transition by 1 July 2020 - just five months after the UK's departure.

However, this scenario seems unlikely as legislation passed by Parliament rules out an extension to the transition period, and Mr Johnson has also said he will not sanction one.

Either way, now that Brexit has happened, many more months of negotiation lie ahead.

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The UK left the European Union at 23:00 GMT on 31 January, but that is not the end of the Brexit story. That's because the UK has now entered an 11-month period, known as the transition, that keeps the UK bound to the EU's rules. So what is the transition and why is it necessary?

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See week 1 - this often came up in debates on Europe and Brexit

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Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.

Parliamentary sovereignty and the UK constitution

People often refer to the UK having an 'unwritten constitution' but that's not strictly true. It may not exist in a single text, like in the USA or Germany, but large parts of it are written down, much of it in the laws passed in Parliament - known as statute law.

Therefore, the UK constitution is often described as 'partly written and wholly uncodified'. (Uncodified means that the UK does not have a single, written constitution.)

Developments affecting Parliamentary sovereignty

Over the years, Parliament has passed laws that limit the application of parliamentary sovereignty. These laws reflect political developments both within and outside the UK.

They include:

The devolution of power to bodies like the Scottish Parliament and Senedd Cymru.

The Human Rights Act 1998.

The UK's entry to the European Union in 1973 - and subsequent exit in 2020.

The decision to establish a UK Supreme Court in 2009, which ends the House of Lords function as the UK's final court of appeal.

These developments do not fundamentally undermine the principle of parliamentary sovereignty, since, in theory at least, Parliament could repeal any of the laws implementing these changes.

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Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.

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Members are expected to discuss subjects including:

the discard of regulatory enforcement schemes

financial assistance to recompense vessel owners and crews for reduced or ceased fishing opportunities

Marine Management Organisation funding

the introduction of remote electronic monitoring on all vessels fishing in British water.

Lords committee stage day three: Monday 9 March

Members discussed the Delegated Powers and Regulatory Reform Committee Report on the bill and a range of subjects, including:

the requirement for monitoring equipment and cameras on fishing vessels

the patrolling of British waters and enforcement of fishing licences

negotiations on fishing opportunities previously governed by the Common Fisheries Policy.

Lords committee stage day four: Wednesday 11 March

Members are expected to discuss subjects including:

the discard of regulatory enforcement schemes

financial assistance to recompense vessel owners and crews for reduced or ceased fishing opportunities

Marine Management Organisation funding

the introduction of remote electronic monitoring on all vessels fishing in British water.

Lords committee stage day two: Wednesday 4 March

Members discussed a range of topics, including:

UK fishing industry workforce

sustainability of fish stocks

licences and national landing requirement

UK-EU fisheries negotiations

government, devolved administration and industry collaboration

financial assistance and sustainability.

Lords committee stage day one: Monday 2 March

Members discussed subjects including:

the possession of fish stocks in the UK Exclusive Economic Zone

improving the environment performance of fishing ports and decarbonising aquaculture activities

the legal duty on public authorities to achieve fisheries objectives.

Lords second reading: Tuesday 11 February

Lord Gardiner of Kimble (Conservative), Parliamentary Under Secretary at the Department of Environment, Food and Rural Affairs, opened the debate on the bill and responded on behalf of the government.

Fisheries Bill summary

This bill aims to:

provide the legal framework for the UK to operate as an independent coastal state after the UK has left the EU and the Common Fisheries Policy (CFP)

require that foreign fishing in UK waters is licensed

protect the UK's marine environment by extending the powers of the Marine Management Organisation (MMO) and Scottish and Welsh ministers.

Further information

Image: Creative Commons

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Lords examines Fisheries Bill - News from Parliament

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Members are expected to discuss subjects including: the discard of regulatory enforcement schemes financial assistance to recompense vessel owners and crews for reduced or ceased fishing opportunities Marine Management Organisation funding the introduction of remote electronic monitoring on all vessels fishing in British water.

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Look at the week 6 PPT on the essay; the resources in the week 10 folder; other books on the reading list, academic articles and the media to find arguments for and against.

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Issues - borders including the Irish border 

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Issues - borders including the Irish border 

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With fewer than 200 days to Brexit in March 2019, one question is never far from the headlines - how do you solve a problem like the Irish border?

The UK and the EU both want to avoid a "hard border" - physical checks or infrastructure between Northern Ireland and Ireland - but cannot agree how.

A key part of the negotiation is the controversial border "backstop".

Go on then, what is the backstop?

The backstop is a position of last resort, to protect an open border on the island of Ireland in the event that the UK leaves the EU without securing an all-encompassing deal.

At present goods and services are traded between the two jurisdictions with few restrictions.

As the UK and Ireland are currently part of the EU single market and customs union, products do not need to be inspected for customs and standards, but after Brexit, all that could change.

The UK government has said it does not want a hard Irish border. The EU has said it does not want a hard border. But how to guarantee such a thing in the complex world of Brexit negotiations?

Well, you could try to put up a safety net.

The backstop solution is that safety net - an arrangement that will apply to the Irish border if a wider deal or technological solution cannot keep it as frictionless as it is today.

The UK and the EU would prefer to solve the Irish border issue through an overarching economic and security deal.

However the UK's current red lines, which include leaving the customs union and the single market, make that very difficult and could lead to no deal at all.

In July, Parliament voted through several amendments to the Customs Bill that directly contradicts the EU's interpretation of the backstop.

The reason why an agreement on the backstop is so important is that the EU won't agree to a transitional period and substantive trade talks until it is in place.

So, what has been agreed on the backstop so far?

The UK and the EU agree a backstop is needed - they both signed up to it in December 2017.

There is also agreement on what it needs to achieve - maintaining cross-border cooperation, supporting the all-island economy and protecting the Good Friday peace agreement.

But beyond that here are major differences between the two sides.

What is the EU's position on the backstop?

The EU has proposed a backstop that would mean Northern Ireland staying in the EU customs union, large parts of the single market and the EU VAT system.

Its chief negotiator, Michel Barnier, has continually emphasised that this backstop can only apply to Northern Ireland.

And that is a problem in the UK?

That is an understatement.

If the backstop only applies to Northern Ireland, then the customs and regulatory border is essentially drawn down the middle of the Irish Sea.

Any separate status for Northern Ireland from the rest of the UK is seen as potentially damaging to the union as a whole.

As such, Prime Minister Theresa May has continually rejected the EU's proposal saying it would threaten the constitutional integrity of the UK.

She suggested a backstop that would see the UK as a whole remaining aligned with the EU customs union for a limited time after 2020.

Her proposal, published in June, contains nothing about single market regulatory issues, which are probably more important than customs in terms of maintaining a soft border.

How did the EU react to that?

With scepticism. Mr Barnier said it cannot even qualify as a backstop since the issue of regulatory alignment is not addressed.

However, he did not entirely rule out some sort of long-term customs relationship with the UK.

Taoiseach (Irish Prime Minister) Leo Varadkar said that the backstop cannot have a time limit.

How did the UK Parliament respond to the backstop row?

The Customs Bill amendments passed at Westminster gave the prime minister limited room to manoeuvre on the backstop.

One of the amendments explicitly prevents Northern Ireland staying in the customs union, as per the EU's proposal.

Mrs May has already rejected that suggestion so that may not be such a big deal - but the EU backstop also proposed that EU law on VAT should continue to apply to Northern Ireland.

This was also explicitly prevented in one of the amendments and that could be a problem, as the UK outside the EU VAT system could mean VAT processes have to happen at the border.

The UK's position in regard to ongoing participation in the EU VAT area has never been clear up until now.

What is the latest?

Over the last couple of months Mr Barnier appeared to soften his tone, saying the EU is "ready to improve" its offer on the backstop.

The chief negotiator said he wanted to "de-dramatise" the issue and suggested that inspections of goods did not necessarily have to take place at Irish Sea ports or airports.

"We are clarifying which goods arriving in Northern Ireland from the rest of the UK would need to be checked and where, when and by whom these checks could be performed," he said.

"We can also clarify that most checks can take place away from the border at the company premises or in the markets."

Some reports have suggested the only checks which would have to happen at the border would involve some food and agricultural products.

Mr Barnier said the EU respects the "territorial integrity of the UK" and hopes both sides will be "able to find a position where this improved backstop is acceptable".

Donald Tusk, President of the European Council, has kept up the pressure saying there must "maximum progress" at October's EU summit.

And what is the UK government saying?

The Prime Minister is playing her cards very close to her chest, saying only that the UK will present a new backstop proposal "in due course".

Speculation has centred on a "hybrid backstop" - an arrangement which would see the whole of the UK effectively staying in the customs arrangement with goods coming into Northern from elsewhere in the UK being subject to some minimal regulatory checks.

Could that work?

It seems possible that the EU could live with it, but the Prime Minister's partners in government, the DUP, are implacably opposed.

The DUP, a Northern Ireland unionist party, have repeatedly said they would not accept any additional Northern Ireland-only checks no matter where or how they take place.

The party's leader Arlene Foster said: "The United Kingdom single market must be protected with no new borders between Northern Ireland and Great Britain being created. From day one this has been the DUP's only red line."

And if a compromise cannot be reached?

If there is no backstop then there is no Withdrawal Agreement and no transition period. That means a hard, possibly chaotic, Brexit.

At that point the EU and the Irish government would have some difficult decisions to make about what happens at the border or to Irish goods going into the wider single market.

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With fewer than 200 days to Brexit in March 2019, one question is never far from the headlines - how do you solve a problem like the Irish border? The UK and the EU both want to avoid a "hard border" - physical checks or infrastructure between Northern Ireland and Ireland - but cannot agree how.

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This was mentioned in class but please note the UK claims reimbursement for cost of providing treatment for EU citizens from their countries - and vice versa for those countries treating UK citizens - until 31 December 2020.
An immigration health charge is payable by non-EEA (European Economic Area) nationals who apply for a visa to remain in the UK for more than six months in a temporary capacity.

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Visitor & Migrant NHS Cost Recovery Programme

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Angela Merkel Calls For Creation Of A ‘True European Army’ | NBC News

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Does Britain need a written constitution after Brexit?

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Does Britain need a written constitution after Brexit?

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Does Britain need a written constitution after Brexit?

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The official website of the European Parliament, the directly elected legislative body of the European Union

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Codecision: Press START to see how it works

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Made up of 751 directly elected MEPs (Members of the European Parliament) elected every five years.

Meets in Brussels and Strasbourg (cost of two sites).

Legislative role shared with Council of Ministers (power to amend and delay).

Holds the Commission to account - question time; approves commissioners, checks expenditure by the Commission.
Only democratic institution – power has been increasing

Budgetary role – approves the budget and check expenditure.

MEPs sit in political groupings, rather than countries.

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This is also known as the Council of the EU.
Made up of one minister from each of the national governments.

Precise membership depends on subject being discussed, e.g. if the council is debating health, a health minister from each member state will attend (so it would have ben Matt Hancock for UK, before we left).

One country chairs the council for six months.

Not to be confused with The European Council (p247) or The Council of Europe (promotes human rights and democracy but is separate from EU).
Main decision-making body.

Main law-making body – shared with the European Parliament.

Decisions are made either by unanimity [veto] or qualified majority voting (QMV).

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This video illustrates the decision making process of the Council of the European Union.

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Based in Brussels, Belgium

Composed of the heads of Government of all 28 member states – included Prime Minister Boris Johnson.

Meets up four times a year.

Governing institution of the EU in the Lisbon Treaty.

Defines the general political direction and priorities of the European Union but does not pass laws.

Deals with complex or sensitive issues that cannot be resolved at lower levels of intergovernmental cooperation.
Sets the EU’s common foreign and security policy, taking into account EU strategic interests and defence implications.

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The European Council and the Council of the EU are served by a single administration, the General Secretariat of the Council (GSC).

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One commissioner from each member country.

Appointed by member countries, and approved by the European Parliament, for a five-year term.
Each has a specific portfolio.

Based in Brussels, Belgium.

The executive and civil service of the EU, so can be described as the EU government.
Administers EU rules and policies

Initiates policies, laws, etc. Watchdog of the treaties - may fine those who break the rules or take them to the European Court of Justice (ECJ)

Negotiates on behalf of the EU with non-EU countries.
Be selective for your essay. Why is it criticised?
Democratic deficit?
Quote and reference arguments for and against these institutions.

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The European Commission explained - Functioning and Tasks

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Channel 4 News 2018 - the date changed several times.

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Brexit explained: what happens when the UK leaves the EU?

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Video

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The History of the EU with David Mitchell

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Winston Churchill, a former army officer, war reporter and British Prime Minister (1940-45 and 1951-55), was one of the first to call for the creation of a ‘United States of Europe’. 

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Winston Churchill, a former army officer, war reporter and British Prime Minister (1940-45 and 1951-55), was one of the first to call for the creation of a ‘United States of Europe’. 

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With Europe in ruins after WW2, many European leaders thought the best way to secure lasing peace would be to unite them economically and politically

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#EUArchives – Founding fathers of the European Union: Winston Churchill

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Brexit: All you need to know about the UK leaving the EU (BBC)

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Brexit: All you need to know about the UK leaving the EU (BBC)

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There may not be new taxes to pay at the border, but there will be new paperwork, and the potential for it to cause delays is a serious concern.

"This is the biggest imposition of red tape that businesses have had to deal with in 50 years," according to William Bain from the British Retail Consortium.

The UK says it will delay making most checks for six months, to allow people to get used to the new system, but the EU will be checking paperwork and carrying out checks from day one. So if businesses are not prepared, or do not fill in the new paperwork correctly, it could cause delays and backlogs at ports like Dover.

The government has known about this for years, and has made plans to divert trade to other ports around the country and has built lorry parks in Kent, to avoid gridlock on the roads.

It's difficult to predict what the scale of any disruption might be, but government minister Michael Gove has said that UK businesses should prepare for some "bumpy moments".

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Brexit: What you need to know about the UK leaving the EU

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The UK and EU begin a new relationship on 1 January 2021.

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Light-hearted look at Europe - video