Abstract
AbstractWith the United Kingdom having finally withdrawn from the European Union, and with a new Trade and Cooperation Agreement in place to begin to manage their economic relationship, it might be thought that the constitutional drama of ‘Brexit’ was finally at an end. Yet the longer‐term constitutional implications of Brexit and its repatriation of the European regulatory state are becoming apparent. This is particularly evident in the decision of the UK Government to legislate for a United Kingdom Internal Market (UKIM). The analysis here advances two claims: first, the creation of a statutory internal market represents a strategy to ‘de‐constitutionalise’ the governance of the internal market; and second, as an instrument of ‘economic unionism’, the United Kingdom Internal Market Act is disruptive of, and for, ‘collaborative unionism’ within the political and territorial constitution of the UK.
Highlights
With the United Kingdom having withdrawn from the European Union, and with a new Trade and Cooperation Agreement in place to begin to manage their economic relationship, it might be thought that the constitutional drama of ‘Brexit’ was at an end
The United Kingdom Internal Market Act constitutional implications of ’Brexit’ are becoming apparent. This is evident in the decision of the UK Government to legislate for a United Kingdom Internal Market (UKIM) in goods and services through the United Kingdom Internal Market Act 2020 (UKIM Act 2020)
The practical implications of the UKIM Act 2020 will take some time to emerge as new regulatory choices are made or take effect as the European publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/972987/
Summary
With the United Kingdom (UK) having withdrawn from the European Union (EU), and with a new Trade and Cooperation Agreement in place to begin to manage their economic relationship,[1] it might be thought that the constitutional drama of ‘Brexit’ was at an end.[2]. The second claim is that the construction of an internal market through the Act as a means of managing the repatriation of the European regulatory state changes the balance that EU law struck between the forces of regulatory competition and regulatory collaboration. This entailed a reconstruction of the regulatory state at a European level through a combination of legislative harmonisation and collaboration between EU and national administrations in the implementation of common rules and the management of regulatory diversity This expanded governance architecture produced contestation around the design of the EU internal market and intensified efforts to re-constitutionalise internal market governance.
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