Professor Suzanne Rab and the future of EU law in the UK post-Brexit
In
this blog post Professor Suzanne Rab reflects on the
opportunities for the practice of EU law for academics and practitioners in the
UK and in the wake of the UK’s departure from the EU on 31 January 2020.
Professor Suzanne Rab combines working full time as a barrister at Serle Court Chambers in London, her role as Professor of Commercial Law and Practice Chair at Brunel University and serving as a non-executive Board member of the Legal Aid Agency which
dispenses civil and criminal legal aid.
She has advised the UK government on preparations for Brexit and been
involved in drafting secondary legislation under the EU Withdrawal Act.
Many undergraduate
law students will be wondering whether their study of European Union law and
international will be relevant to their future professional practice. In my
view, now more than ever EU and international law will be of increasing
relevance for those who intend to pursue a career in law in the UK and also
further afield.
The substantive changes
to UK law as a result of Brexit will not take effect immediately. After 31 January 2020 there will be a
transition period until the end of 2020, while the UK and EU negotiate
additional arrangements which may include an agreement on a future trading
relationship.
The current rules on
trade, travel, and business for the UK and EU will continue to apply during the
transition period to the end of December 2020 (unless this period is extended
by the UK requesting a one-off extension by the end of June 2020).
As someone who has
practised in the area of EU law since the beginning of my career, I can say
that the UK’s departure from the EU is without doubt a monumental
development. However, do not be lulled
into thinking that EU law will become of diminishing relevance, at least for
the foreseeable future. Maintaining the
level-playing field – which includes the rules on competition and State aid –
is expected to be a key element in the negotiations over a future trade
deal. Remember also that under the
withdrawal legislation much of EU law will be preserved intact as of exit day
with only minor amendments. Those
lawyers who are specialists in this area will continue to be in demand, as they
have been in the run-up to Brexit. I
take a long term view and expect to be actively practising in this area for
decades to come. The issue is not
whether EU law will be relevant at all to the UK but how it will shape our
future relationships with the EU, domestically and internationally. In particular, the extent to which EU rules
will have a direct impact on UK law will depend on the form and content of any
future trade deal that is concluded between the EU and the UK. In short, in order to gain wide access to the
single market it is expected that alignment to EU rules will form part of the
arrangements. At the same time, it is
important to note that many of our existing laws are modelled on EU laws and
while we can expect some divergence over time, the pace and shape of this
change is not yet determined.
There are also many
laws and regulations in other countries that have taken their inspiration from
EU laws, particularly the laws on competition.
The UK domestic laws on competition are very similar to those of the EU
and the UK is expected to continue to be a leading jurisdiction in competition
law practice and regulation. The UK
Competition and Markets Authority has already invested significantly in
recruiting more staff for an increased role post-Brexit. It has also set up a new State aid function
for when it assumes its new role as independent State aid regulator for the UK
at the end of the transition period.
Lawyers with EU law experience will continue to be in high demand as the
UK addresses its new relationship with the EU and other countries
internationally.
Comparative Competition Law Summer School
I have designed and deliver an annual EU and international
competition law and regulation summer school.
This course integrates both UK, EU and international competition law
and regulation and practical skills elements against the evolving legal and
regulatory landscape. The next presentation will run 22 June – 4 July 2020. This 2-week integrated and intensive
programme (with optional components) combines UK, EU, Asian, Latin American,
ME/African and other international experience in this fast-moving, challenging
and high-profile area. It draws on experiences
from established and emerging competition regimes including China, India, Hong
Kong, Brazil, Mexico and Colombia which have recently adopted or revised their
competition laws. The impacts will be explored across the economy and within
certain sectors that have attracted regulatory scrutiny including in the
communications, energy, financial services, healthcare/ pharmaceuticals, TMT,
transportation and water sectors. The
programme includes cultural immersion on Campus at Brunel University and in legal London,
allowing participants to engage with each other and build their networks in
academic, professional and social settings.
This course will be of interest to students of EU, international law and
competition law, as well as those who have not yet explored EU law. Attendees from previous years have included
students (undergraduates and PhD), lawyers in private practice and in-house,
government officials, regulators, policy-makers and economists.
