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BREXIT

BREXIT. SOME CONSIDERATIONS. Presented by David Mundy Partner 27 September 2016. BACKGROUND. On 23 June UK voted to leave the EU (17.4 million –v- 16.1 million) Referendum advisory only: no legal consequence not legally binding Political obligation: Article 50 TFEU engaged.

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BREXIT

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  1. BREXIT SOME CONSIDERATIONS Presented by David Mundy Partner 27 September 2016

  2. BACKGROUND • On 23 June UK voted to leave the EU (17.4 million –v- 16.1 million) • Referendum advisory only: • no legal consequence • not legally binding • Political obligation: • Article 50 TFEU engaged

  3. ARTICLE 50 • “in accordance with our constitutional requirements” • notify intention to withdraw • EU obliged to negotiate agreements for withdrawal and future relationship • EU law ceases to apply from (1) agreement or (2) two years from notification or (3) unanimous extension • no machinery for revoking

  4. “CONSTITUTIONAL REQUIREMENTS” • with an unwritten constitution technically we have none • Government wants to invoke trigger under Royal Prerogative – i.e. an act of the executive • others think that an Act of Parliament required (case in the Divisional Court this month) • other constitutional hurdles e.g. devolution • legislation = Parliamentary engagement consultation and debate

  5. CITIZENSHIP ISSUES • a national of a Member State is automatically a citizen of the Union • EU citizenship is additional to and not a replacement for national citizenship • brings rights – freedom of movement, establishment, to conduct economic activity • Brexit will remove rights without replacement agreement

  6. ENGAGEMENT • House of Lords EU Committee “most complex, demanding and important administrative and diplomatic task facing Government since WW2” • new department for “Exiting the Union” with David Davis as Secretary of State • support negotiations to leave • establish future relationship

  7. OUR ADVICE IN TERMS OF ENGAGEMENT • It’s never too early to get involved but can be too late • Build your contacts • Monitor policy developments • Understand the process – the structure and the timings • Go in at the right level • Build and support your argument • Know your opponents • Provide solutions – especially here • Tailor your messages • Use the media wisely

  8. POTENTIAL TIMELINE

  9. This presentation is not meant as a substitute for advice on particular issues and action should not be taken on the basis of the information in this document alone. This firm is not authorised by the Financial Conduct Authority (the FCA). However, we are included on the register maintained by the FCA (www.fca.gov.uk/register) so that we can offer a limited range of investment services (including insurance mediation activities) because we are authorised and regulated by the Solicitors Regulation Authority (the SRA). We can provide these services if they are an incidental part of the professional services we have been engaged to provide. Mechanisms for complaints and redress if something goes wrong are provided through the SRA and the Legal Ombudsman. Bircham Dyson Bell LLP is a member of Lexwork International, an association of independent law firms. www.lexwork.net

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