Original Publication Date: January 29, 2018
Author: Andrew Duff
Introduction
In fourteen months, the European Union treaties will no longer apply to the United Kingdom, marking the end of nearly half a century of Britain’s tumultuous membership in the EU. Brexit represents not only a turning point for the UK but also a significant setback for Europe as a whole. The consequences of this departure will be felt for years to come.
In his book, On Governing Europe: A Federal Experiment, Andrew Duff examines the EU’s original mission and its shortcomings. Unlike other Brexit-focused books, Duff offers a broader historical perspective, arguing that the EU’s governance has been an uneasy blend of intergovernmental and supranational structures. Despite successive treaty reforms enhancing the powers of both the European Parliament and the European Council, the European Commission has remained weak, lacking the executive authority needed to function as an effective government.
The UK’s Influence on the EU
Throughout its membership, the UK has significantly shaped the EU’s constitutional development. While Britain’s departure may end its formal involvement, Duff contends that Brexit will not resolve Europe’s “British problem.” The UK will continue to monitor and influence European affairs, making the manner of its departure crucial.
The Brexit Process
As Brexit negotiations continue, the EU27 has maintained a consistent stance, prioritizing its interests and demonstrating remarkable unity. Since the departure of former Prime Minister David Cameron, the UK government has struggled to present a coherent vision for its future relationship with the EU. Despite opportunities offered by the EU to discuss the governance of the transition period, the UK has failed to engage constructively. No formal request for a comprehensive association agreement covering trade, customs, security, and foreign policy has been made.
Instead, political discourse within the UK has descended into internal disputes, with little connection to the reality of Brexit’s challenges. The country’s political system appears weakened, with its civil service demoralized and its ruling Conservative Party divided and mired in controversy. The Labour opposition, meanwhile, has offered no clear alternative direction.
EU’s Response and Negotiating Directives
With the UK failing to take the initiative, the EU has taken the lead in shaping the transition. The newly approved negotiating directives are firm, emphasizing the need for “clear and unambiguous legal terms” for the withdrawal agreement. The EU insists that transition arrangements must be well-defined, time-limited, and subject to enforcement mechanisms. During the transition period, the UK will remain bound by all EU rules and obligations, without having representation in EU institutions. Furthermore, the EU expects greater clarity from the UK on the future relationship before the European Council’s March summit.
Recommendations for the UK Government
To salvage the situation, the UK government must take decisive action. Duff suggests the following key steps for Prime Minister Theresa May:
- Establish a joint transition authority with the EU to oversee the Brexit process.
- Extend the transition period based on a proposal from the Commission, with unanimous Council approval and European Parliament consent.
- Negotiate a “deep and special” association agreement, as recommended by the European Parliament, covering all aspects of the future UK-EU relationship.
- Initiate long-term partnerships with the EU in security, defense, and counterterrorism efforts.
- Propose a joint UK-EU court to oversee disputes as part of the association agreement’s institutional framework.
Failure to pursue these steps, and to resist pressure from hardline Brexit advocates, could result in Theresa May following her predecessor, David Cameron, into political obscurity.
Conclusion
Brexit remains a defining moment for both the UK and the EU. While the EU continues to assert its position with clarity and unity, the UK faces an urgent need to articulate its vision and negotiate effectively. The coming months will determine whether Britain’s exit can be managed constructively or if it will lead to further political and economic uncertainty.