Panel discussion on 7 Dec. 2016 in Brussels with Michael Jürgen Werner, Partner, Norton Rose Fulbright LLP, Robert Bray, Head of Unit, Committee on Legal Affairs of the European Parliament, moderated by Jettie Van Caenegem, Chair Friends of ERA.
At the beginning Jettie Van Caenegem introduced the two panellists and gave a short introduction about the ‘Friends of ERA’ association as a circle of legal practitioners supporting ERA and specifically young professionals through the ERA scholarship programme.
The first speaker, Michael-Jürgen Werner, referred to the core principles of the European Union, namely the free movement of people, solidarity and the rule of law.
In order to explain solidarity, he referred to the judgment of the European Court of Justice from 1973 about the general principle of solidarity.
Mr Werner pointed out, that the rule of law stands for clarity and gives certainty instead of chaos. The Costa ENEL judgment of the European Court of Justice from 1964 has been quoted in this respect as an important reference in a time of critical discussions about the functioning of the European Union after the Brexit vote in the UK.
Robert Bray introduced that Brexit makes him very angry, because permanent lies and propaganda have led to this result in the UK. Mr Bray referred to the treaties and explained, that once Article 50 is triggered, within 18 month the separation of UK from the EU has to be solved. He pointed out, that many decisions have to be taken in order to clarify the continuous payments of EU Budget, compensation requests for leaving and moving the EU Agencies from UK, e.g. EBA.
After the presentation of their thoughts a serious and interesting discussion followed. The questions about a transitional period was raised and if it will be possible and how this might be based on current EU law. Mr Bray explained, that a transitional period under the existing rules is not possible. There is no place where this can be found, contrary to the press and some statements from the British side. This will only be possible, if a new treaty will create such an arrangement for transition for UK from being a member state to becoming a third country of the EU. Article 50 gives no ground for transition time. Mr Bray explained clearly, that once the UK is out of the EU, it will be a third country and has to negotiate new treaties with the EU under WTO. There was a common feeling within the attendants that in order to bring the EU back on track proper communication, even propaganda, at all levels and all ages is essential. Michael Jürgen Werner launched a call for all lawyers to contribute by carrying out the message to schools and other institutions.