Withdrawal Agreement Foreign Policy

The Common Foreign and Security Policy (CFSP) and the EU`s Common Security and Defence Policy (ESDP) were defined by the 1992 Maastricht Treaty. The UK has been an important player in influencing the EU`s approach to foreign policy crises. At the same time, the UK vetoed when the EU`s ambitions, particularly in defence cooperation, threatened to deviate from British interests. However, government statements made since leaving the EU have indicated that it does not want a future institutionalised relationship between the UK and the EU in foreign affairs and defence. Instead, the government seems to prefer a flexible ad hoc approach. In its adopted negotiating mandate, the EU also makes it clear that it now considers each partnership agreement to be a `single package`. Foreign policy and defence will be one of the three main components. However, the EU`s negotiating mandate indicates that, where appropriate, “structured consultations” on the CFSP and the CFSP could be conducted before the end of the transitional period. Although everyone else seems to have forgotten, the potential treachery of Albion`s Michel Barnier team has not escaped, which has made violations of the withdrawal agreement punishable, as Holger Hestermeyer, an expert in international dispute resolution at Kings College London, told me, with flat-rate fines. If these are not paid, the EU may suspend some of all other agreements it has with the UK. The UK`s exit from the European Union has led to a comprehensive recalibration of contractual relations.

As a result of the withdrawal agreement and its transitional period, the United Kingdom is expanding its international contractual agreements by gradually exempting it from the constraints of EU law. Current practice shows the creation of many new international legal instruments through which governments have attempted to address the unprecedented issues raised by Brexit for international treaty law. Brexit is supposed to be a mission to free Britain from all the international restrictions of which the EU is only the most obvious. The most lucid Brexiteers, like my interlocutor on Twitter, accept the high transaction costs associated with this freedom. Johnson dismisses them and prefers to “eat his cake” and conclude the agreement with what Jesuit theologians call a “spiritual reserve” – a necessary lie. The withdrawal agreement provides for the rapid implementation of a foreign and defence policy agreement if the UK and the EU so choose. Holders of a special residence permit can register in their commune as beneficiaries of the withdrawal agreement. In this regard, the Protocol Directorate can confirm that the EU has declared that British nationals who are staff members of international organisations in an EU member state are workers, in accordance with Article 45 of the Treaty on the Functioning of the European Union. As such, they are beneficiaries of the withdrawal agreement if they have stayed in that Member State before the end of the transitional period.

This means that international civil servants who waive their special residence permit and wish to register with their commune of residence are entitled to what is called the M card, which attests to his status as a beneficiary of the withdrawal agreement.