Smart Brexit. The Influence Group advocates a ‘Smart Power’ approach to politics. We’re calling for a Smart Brexit.

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Publication Date 28/11/2016
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Lawyers for British Influence – the pro-single market think tank – declared on the 28 November 2016 that they were to write to Secretary of State for Exiting the European Union, David Davis, asking his department to clarify its position on the UK membership of the EEA after Brexit, at the beginning of a process which may see a Judicial Review of the Government’s stated position that 'As the UK is party to the EEA Agreement only in its capacity as an EU Member State, once we leave the European Union we will automatically cease to be a member of the EEA'.

British Influence suggested that:

+ Membership of the EU is a gateway to join the EEA, but is not a pre-condition of continued membership of the EEA
+ The UK is a contracting party to the EEA in its own right and must itself trigger Article 127 of the Agreement to in order to leave the EEA, which is a voluntary act and not an obligation upon leaving the EU; and that Article 127 implicitly excludes other means of leaving the EEA, such as leaving the EU
+ That whilst there are currently two pillars for EEA membership (the EU pillar and the EEA pillar) there is nothing to prevent further pillars being established bilaterally

On the 3 February 2017 the High Court in the UK threw out a call brought by Single Market Justice (connected to British Influence) for a Judicial Review of the lawfulness of the position the UK Government's relationship with European Economic Area after the UK leaves the European Union.

[August 2017: The report is no longer available on the British Influence website or elsewhere on the web]

Source Link Link to Main Source http://influencegroup.org.uk/
Related Links
ESO: Background information: Centre for British Influence Through Europe http://www.europeansources.info/record/website-british-influence/
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
The Guardian, 28.11.16: Brexit: UK government faces legal challenge over single market https://www.theguardian.com/politics/2016/nov/28/uk-government-faces-legal-challenge-over-single-market
ESO: Background information: High Court ruling on Article 50: statement http://www.europeansources.info/record/high-court-ruling-on-article-50-statement/
BBC News, 28.11.16: Brexit: Legal battle over UK's single market membership http://www.bbc.co.uk/news/uk-politics-38126899
CityA.M., 28.11.16: The official Remain camp is refusing to back a fresh Brexit legal challenge http://www.cityam.com/254564/official-remain-camp-refusing-back-fresh-brexit-legal
Blog: EU Law Analysis, 30.11.16: Could the UK stay in the single market after leaving the EU? The planned case on Article 127 EEA http://eulawanalysis.blogspot.co.uk/2016/11/could-uk-stay-in-single-market-after.html
The Guardian, 28.11.16: Trigger warning: is article 127 the new article 50? https://www.theguardian.com/politics/shortcuts/2016/nov/28/article-127-new-article-50-leave-eu-stay-eea
Prospect, 02.12.16: Will Article 50 take us out of the European Economic Area? http://www.prospectmagazine.co.uk/politics/article-50-european-economic-area-leave-127-british-influence
Blog: LSE EuroppBlog, 04.01.17: How Article 127 of the EEA Agreement could keep the UK in the single market http://bit.ly/2hDZvtg
British Influence: Europe Watch, 12.12.16: Campaign launched to support single market bid – article127.org http://influencegroup.org.uk/campaign-launched-support-single-market-bid-article127-org/
The Guardian, 03.02.17: Fresh Brexit legal challenge blocked by high court https://www.theguardian.com/politics/2017/feb/03/fresh-brexit-legal-challenge-blocked-high-court-article-127
Politico, 03.02.17: UK government faces Brexit single market case http://www.politico.eu/article/uk-government-faces-brexit-single-market-case/
The Telegraph, 02.02.17: What is the new article 127 Brexit challenge – and what does it mean? http://www.telegraph.co.uk/news/0/article-127-new-brexit-legal-challenge-single-market/
Website: Single Market Justice http://singlemarket.org.uk/
Single Market Justice: News, 03.02.17: Judicial Review of the Government’s Position on the Single Market http://singlemarket.org.uk/judicial-review-governments-position-single-market/
BBC News, 03.02.17: Brexit: Fresh legal challenge blocked by High Court http://www.bbc.co.uk/news/uk-politics-38854095
EurActiv, 03.02.17: UK’s High Court throws out Brexit EEA case http://www.euractiv.com/section/uk-europe/news/uks-high-court-throws-out-brexit-eea-case/
EFTA4UK: In search of a Smart Brexit, June 2017 http://efta4uk.eu/wp-content/uploads/2017/06/gordianknot.pdf

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