Brexit: a timeline
Article 50 triggered, beginning formal process of negotiating the UK’s withdrawal from the EU
29 March 2017
The first step along the road to Brexit is for the remaining Member States to formulate guidelines for the European Council (“EC”) to use in negotiations with the UK. Once this has been done, the EC will formally authorise the start of negotiations. The EC will agree on the withdrawal agreement by a qualified majority (72% of participating states, excluding the UK) after obtaining the consent (by majority vote) of the European Parliament. As to this, Michael Barnier of the EC, has said that he intended for talks to be concluded by October 2018 so as to allow time for the exit agreement to be ratified by the national parliaments on both sides. The two year negotiation period automatically ceases to apply in March 2019, unless there is unanimous agreement to the contrary.
EU publishes negotiation guidelines
30 March 2017
Great Repeal Bill published
31 March 2017
Great Repeal Bill announced at the opening of Parliament
29 April 2017
Remaining EU members to adopt negotiation guidelines
Spring
Late May/ early June
Start of formal face-to-face talks
UK General Election
8 June 2017
Further laws may need to be pulled to cover gaps in legislation
Negotiations expected to conclude
Late 2017
Late 2017/ early 2018
Great Repeal Bill goes through stages of Parliamentary scrutiny
Early 2018
Mid 2018
Great Repeal Bill likely to receive Royal Assent
Both Houses of Parliament and European Council vote on any deal
30 Sept. 2018
EU Negotiator, Michael Barnier, wants to wrap up Brexit terms
Late 2018 / early 2019
March 2019
Two year window closes. The UK leaves the EU with or without an agreement
The Great Repeal Bill will repeal the European Communities Act 1972 (“ECA”) with effect from the UK’s exit from the EU. In March 2017, the Government published ‘Legislating for the United Kingdom’s withdrawal from the European Union’, a White Paper setting out the details of the Great Repeal Bill. When the ECA is repealed, all European Union (“EU”) law will no longer have effect in the UK and existing EU law will be converted into domestic law ‘wherever practical’. The White Paper advises that the Bill will transfer EU regulations wholesale. Directly applicable rights in EU Treaties will also be incorporated into domestic law by the Bill, albeit the White Paper states that this will not apply to the EU Charter on Fundamental Rights. This wholesale conversion will enable Parliament to subsequently decide which laws to keep, as well as those to amend or repeal at a later date. The Bill will rely on delegated powers to enable to Government to adapt converted EU law so that it is fit for purpose on the date of exit. Given that, since the enactment of the ECA in 1972, EU law has been a major part of the UK’s constitutional and legal framework, the process of reviewing and amending EU law to make it workable in a UK context is a daunting legislative project. The White Paper also states that, in the event of conflict between ‘converted’ EU law and legislation after the UK’s exit from the EU, the newer legislation will take precedence. As to the European Court of Justice of the European Union (the “Court”), the Government has indicated that past decisions of the Court will continue to be binding but the Prime Minister has been clear that ‘we are not leaving only to return to the jurisdiction of the European Court of Justice’ suggesting that it will seek to curtail the jurisdiction of the Court.