In Phase 1, Britain accepted the European Commission’s method for calculating its financial liabilities to the EU but claimed to have beaten down the price. It accepted Brussels’ conditions on the future rights of European citizens living in Britain and of British nationals living on the Continent. [...]
In Phase 2, London agreed lock-stock-and-barrel to Brussels’ terms for a 21-month transition period — shorter than Britain had wanted — during which the U.K. will have to apply all EU laws without any say in the bloc’s decisions, in exchange for keeping its current market access. [...]
True, there will be a joint committee to try to fix any disputes that arise during the standstill period from March 29, 2019 to December 31, 2020. But if the two sides don’t agree, the European Court of Justice — the bogeyman of Brexiteers — will have the final say. [...]
That’s not good news for the Brexiteers. Joining the EU entails negotiations in name only. Candidate countries must adopt the entire body of EU law; any bargaining that takes place is basically over how fast to apply it and how soon the newcomer gets the full benefits of membership, including free movement for its workers. [...]
It turns out that leaving the bloc is a strikingly symmetrical process. “The equivalent of accepting [EU law] is accepting the Commission’s negotiating guidelines, which have been approved by all 27 EU partners and cannot be substantially changed,” Leigh said.
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