The 'EU-UK Trade and Cooperation Agreement' – exceptional circumstances or a new paradigm for EU external relations?

In the final days of 2020, the European Union and the United Kingdom concluded a 'Trade and Cooperation Agreement' (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU-UK TCA is unique as concerns the circums...

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Bibliographic Details
Published in:Modern law review 2022-01, Vol.85 (1), p.164-197
Main Authors: Eckes, Christina, Leino‐Sandberg, Päivi
Format: Article
Language:English
Subjects:
Agreements
Budgets
Commerce
Commercial policy
Competence
Cooperation
European Union
International trade
Interpretation and construction
Law enforcement
Legitimacy
Politics and government
Security systems
Social security
Treaties
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Summary:In the final days of 2020, the European Union and the United Kingdom concluded a 'Trade and Cooperation Agreement' (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU-UK TCA is unique as concerns the circumstances of its negotiation and adoption, as well as its substance. However, contrary to the argument of the EU institutions, the agreement will have broad implications for the understanding of the EU’s external competence and Member States’ ability to act in areas that are national competence and rely on national budgets. We are critical of the legitimacy of the TCA’s conclusion process, consider that the lack of a deep constitutional analysis of the consequences of EU-only conclusion of the TCA, and of the TCA itself, are problematic, and believe that the choices made are likely to create difficulties for the implementation and enforcement of the agreement.
ISSN:0026-7961
1468-2230
DOI:10.1111/1468-2230.12698