Well, there’s an argument that we didn’t give notice to leave the EEA. It’s a legal one though that lawyers have differing opinions on, but interesting nevertheless.
2 Likes
Probably one of those arguments that only survives outside the court; for as a normative indicator, we certainly have left. If it came to be determined it would only go one way and both the EU and UK would be happy for such. But I agree, technically we only gave Notice on exit from the EU, and not the EEA. But this is an issue of international law, and this is always guided by customary behaviour, and given both parties are behaving as the UK has exited the EEA, and there has been no official dicta to the contrary, I think strongly, if decided it would be held that we have exited both the EU and EEA.
1 Like
According to the EFTA website the UK is not a member of the EEA:
The United Kingdom (UK) ceased to be a Contracting Party to the EEA Agreement after its withdrawal from the EU on 31 January 2020. This follows from the two-pillar structure and Article 126 of the EEA Agreement, which states that the EEA Agreement applies to the territory of the EU and the three EEA EFTA States.
(The UK continued to be treated as an EEA State during the transition period.)
Anyway, I’ve just been reading the EFTA convention which I think renders my previous questions moot.
I doubt that the UK, under a Conservative Government would countenance accepting the free movement of persons provided for in the revised EFTA convention:
The revised Convention introduced the free movement of persons by opening the labour markets of the EFTA States. All lawful residents have the right to the same treatment as nationals in respect of living, employment and working conditions. The free movement of persons also covers social security issues by establishing a system of coordination among the EFTA States. Mutual recognition of professional diplomas has also been introduced under the EFTA Convention, which further facilitates the free movement of persons.
Consequently, I cannot see how the UK, at least in the foreseeable future, would apply to join EFTA.
2 Likes
Ah, back to that fictional discussion.
6 Likes
Didn’t Starmer say recently that he would consider free movement? Perhaps that’s the door.
Regarding EEA I doubt you could sell that the most Brexiteers - especially those that think Farage is “just a brill bloke”
1 Like
3 Likes
I could see a Labour Government accepting the free movement of persons, but how likely is a Labour government, in the foreseeable future?
As they say, you can fool some of the people all of the time. 
2 Likes
WISHING to set out necessary arrangements consequent upon the withdrawal of the United Kingdom from the Union, the EEA Agreement and other agreements applicable between the United Kingdom and Iceland, Liechtenstein or Norway by virtue of the United Kingdom’s membership of the Union,
Well it looks like HMG considers we’ve withdrawn from the EEA.
2 Likes
In case putting ‘Separation Agreement’ in the title wasn’t clear enough. But then I’m not a lawyer.
5 Likes
No need to answer previous question?Was thinking of EFTA
1 Like
Weird digression. My point was that the UK government didn’t have to consider that leaving the EU automatically terminated the UK’s membership of the EEA. It was open to argue otherwise. Yes, it’s true that it ultimately didn’t take that option (in actual fact the UK seemed to deliberately leave it ambiguous for a considerable period of time).
Much harder to now seek membership of Efta/EEA, given that we’ve undoubtedly left not just the EU but also the EEA but my point was that there was a prolonged period when the UK could have sought to claim it did not need to get approval of anyone to join EEA as it de facto and de jure remained a member.
1 Like
I think that might depend on Scotland. If the Scots really push for independence in the next 3.5 years you may never see a Labour government. Labour in Wales may also start to hemorrhage votes especially if there’s seen to be real momentum in Scotland and the current government in Westminster continues as it has done.
2 Likes
Might be talking a bit layman here, but shouldn’t have the UK negotiated EEA/EFTA status as part of the Brexit negotiations?
It could have been but the Government ruled it out relatively early in the negotiations in 2017.
1 Like
probably, but they wanted to be 100% sure that there was zero connection between the UK and the EU. being part of that would have been really hard to sell in some quarters despite the absolutely monstrous amount of common sense in looking to stay there.
1 Like
[quote=“Lowton_Red, post:3371, topic:351, full:true”]
I could see a Labour Government accepting the free movement of persons, but how likely is a Labour government, in the foreseeable future? [/quote]
Let’s see how many people the Tories kill. There has to be a point where it’s too many, even for Daily Mail readers.
1 Like
If it gets out that they refused to shut airports because of Brexit that might get interesting.
1 Like
Surely that just makes it Europes fault, no?
We are not dealing with rational people not that many are but these days rational seems to have completely dissappeared. In fact many seem to have become complete lunatics.
2 Likes
No, my point is that if they were to demonstrate that control of our borders was, and has always been in our hands and they refused to close them because of thst message might get out prior to Brexit then things could get juicy
2 Likes
I understood that. I just don’t think the UK public is inclined to go that way. Particularly as the wording has to be excellent not to implicate the EU and the wording so far has been worst than poor.
Then again that just might be me and my inability to understand the ‘modern’ world full of lunatics.
3 Likes