Monday, 4 July 2016

Blog 'Brexit and European Consumer Law: Now What?' by Catalina Goanta

Just over a week after the 'Brexit' referendum, it is still too early to draw any conclusions about the future relationship between the EU and the UK. The (potential) legal consequences of a 'Brexit' are also unknown, but worth exploring - if only tentatively. In a blog posted this morning, Catalina Goanta of Maastricht University argues that it would not make much sense for the UK to entirely "undo" the EU's influence on national private law, in particular consumer law. Read the blog here.

2 comments:

  1. Sadly it seems that both the British public and officials, have completely missed the fact that even if Britain exits the EU, all previous EU legislation already incorporated into British law, will not simply vanish from existence upon the exit. British law will only ever be amended by the British legislature.

    Furthermore, they also seem to have missed entirely the fact that even if/when Britain exits the EU, they have made no decision at all to resign from the agreement on the European Economic Area (EEA) to which Britain is a party by its own admission, besides the EU itself. Included in the EEA agreement is the obligation to incorporate EU legislation in a large majority of the relevant subject matters, including consumer protection!

    In practice this means that upon exit from the EU, Britain will simply assume the same status of relations to the EU as Norway, Iceland and Lichtenstein, i.e. no direct effect and no representation in EuroParl og EuroCom but still the obligation to incorporate the majority of EU-legislation into domestic law, and importantly, state liability if they don't. Welcome to the jurisdiction of the EFTA Surveillance Authority, Britain.

    Oh brother... if they would only stick to the facts, Europe would be a much better place.

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