In reply to your letter of the 29th…

The EU’s response to my earlier blog post came out on Friday. Now, if I’m honest, I don’t really speak Eurocrat. I know the difference between the Court of Justice of the European Union and the European Court of Justice, but I don’t pick up the points about e.g. when the Council is trying to stiff the Commission, or the both of them are ganging up on the Parliament. But nonetheless, like most of the European languages you learn in school, they’re mutually intelligible with a bit of gesticulation to fill in the gaps.

The things I’d take away from this are:

  • The Commission is far more concerned with orderly transition than anything else. Whereas the UK comes in talking about a grand partnership, you get the feeling that the Council is more concerned about who is going to pay for reprinting the stationary.
  • The EU is determined to figure out how the UK leaves before it is willing to talk about what the future relationship is. This is a legalistic approach, and probably forces the UK to adopt a position of hard Brexit whether we like it or not.
  • …But on the plus side, once that decision is taken in principle we can talk through what the new relationship looks like before the overall deal is resolved. So we can get this done without having to have a cliff-edge moment.
  • There are some points that matter a lot more to the EU than they do to us. There’s clearly a fear we will just ignore past obligations and walk away; there’s also a strong wish to preserve the role of the Court of Justice of the EU as the ultimate arbitrator of what this all means – which I think is a difficult thing for them to ask for. So we have more negotiating power than I’d first expected.
  • There are some things we’re agreed on – EU/UK citizens living in the other entity; and not screwing up Ireland.
  • But the big question mark under it all is, do we really believe the EU will be the sole negotiating entity? This document is written in the belief that the only substantive conversations will be the ones between team EU and the Brexit bunch. But you can see things like the last-minute addition on Gibraltar that are clearly driven by single EU members. And I can’t see Angela Merkel sitting this one out. The UK’s push on defence cooperation isn’t really relevant to the EU, but critical to member states. So where does the real balance of power lie?

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