Brexit: Legal Implications for the United Kingdom?
On 23rd June 2016, Britain voted to leave the UK. A mass
of outcry, demands for a second vote and memes declaring the end of the world
went viral. Youngsters declared that their futures were in jeopardy and the
economy was to be shredded to tatters. On the other hand, those who voted for
Brexit claimed the leave would claim back our border control and the economy
would soon stabilize. The above remains to be seen, but what are the legal
implications of Brexit?
Immigration Law
Free movement of people is one of the main principles of EU law.
Following the leave in 2018, citizens in the UK will no longer have the right
to move and reside in the EU unless permanent status has already been granted
to them. However it is likely that immigration will form a key part of ‘post
Brexit negotiations’ and it is therefore unlikely that steps will be taken
immediately to dimish EU nationals free movement rights. With this in mind, it
remains unclear to which extent Brexit will effect nationals who have already
exercised their free moment rights and negotiations are likely to be
advantageous for citizens who have already moved.
Employment Law
The EU has created protection for those in employment in areas such
as unlawful discrimination and family dependant rights. Anti Brexit voters have
expressed concern for the potential decrease in protection for employees,
namely the loss of the above rights. However it is noteworthy that many
benefits for employee’s are outside the scope of the EU and are therefore
unlikely to change, such as the national minimum wage and the London Living
Wage. It is further noted that the UK is considered far above the standard of
other member states in the protection it offers for employees being in excess
of the minimum EU requirements.
Following Brexit, the UK may seek to negotiate a bespoke
relationship with the EU, if this is achieved, the UK will have the right to
amend and repeal legislation and the potential changes could be as significant
as the state wishes. So far there is no indication of this happening either
way, it seems we must wait until negotiations are complete to fully understand
the post Brexit implications.
Competition Law
Interestingly enough, the primary legislation for competition law
will still be in force long after the Brexit leave. Articles 101 and 102 will
remain the central focus, thus, global cartels will still face
investigation by the European Commission, this legislation will continue to
apply to post-Brexit agreements. This structure is not entirely different from
other countries outside of the EU; US and Asian businesses are also subject to
the rules of EU competition law, in so far as the agreement will impact the EU
market.
So what will change? Whilst the primary legislation will continue to
apply, the commission’s powers will be limited. For example, the commission
will no longer have the right to conduct on-site inspections nor can they force the UK
to do this themselves. In this sense, it is the way in which competition law
will be carried out which will change, rather than the central principles. It
has been made clear that EU case law will remain influential. So to answer the
question - what will change? As usual, it remains to be seen, however it looks
incredibly likely that not much will change at all in the near future.
The writer is a lawyer based in London, with a keen interest in Company, Employment and Immigration law. Previously, he has completed two Masters in Law at the University of Sussex and University College London. He has recently completed the Bar Professional Training Course and and can be reached at: jay@londonlawtutor.com
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