Jurisdiction(s):
United Kingdom

EU-UK Trade and Cooperation Agreement: legal overview of scope, market access, level playing field, criminal co-operation, data protection, and dispute settlement

Published on: 29 January 2021

Published by a LexisNexis Public Law expert

Legal News

Article summary

Introduction

On 31 December 2020, the Withdrawal Agreement’s transition phase (discussed here) concluded. From 1 January 2021, relations between the UK and EU are currently regulated partly by the remaining Withdrawal Agreement (as further discussed in this Twitter thread) and partly by the Trade and Cooperation Agreement (TCA) formally agreed between the EU and the UK themselves. (There are also two other agreed treaties, on security information and nuclear cooperation, as well).

Basic legal issues

The EU and UK have agreed to apply the TCA provisionally and temporarily (a common practice in international law). This arrangement runs until 28 February 2021, though the parties may change that date via the Partnership Council (composed of representatives of both contracting parties). This is intended to give the European Parliament sufficient time to examine the treaty in detail before deciding whether to give its consent. By contrast, the UK Parliament has already enacted the European Union (Future Relationship) Act 2020 to give effect to the treaty in domestic law. On the EU side, certain provisions for implementation are set out in the Council decision on signing the treaty. The treaty is between the UK and the EU only, i.e. not (as is often...

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