Brexit and the subsequent Withdrawal Agreement and Trade and Cooperation Agreement which entered into force in 2020 and 2021 respectively, significantly altered relations between the EU and the UK, for the better according to some and for the worse according to others.
Four years on from the arduous and frustrating negotiations that ensued in the fallout of Brexit, both the UK and the EU saw it fit to revisit previous commitments and renegotiate once again. This manifested itself in an EU-UK summit, the first since the UK’s withdrawal from the EU, that took place on the 19th of May (hereby the ‘Summit’). As a result of this Summit, ‘A renewed agenda for European Union – United Kingdom cooperation Common Understanding’ (hereby the ‘Agenda’) was published which outlined a broad range of commitments with the aim to ‘strengthen bilateral cooperation’ between the EU and the UK. The commitments covered topics such as security and defence; migration; import and export of goods; and judicial cooperation. Whilst this is merely a list of preliminary commitments with many of the details and timelines still to iron out, it gives us an idea of the key issues discussed in negotiations and each party’s priorities. This article will explore the legal takeaways from these commitments and analyse their viability and implications.
Movement of people
The movement of people, especially those of the younger generations, was one of the main priorities of the Summit. In the Agenda there were three main objectives set out: establishing a ‘youth experience scheme’ with a dedicated visa pathway, incorporating the UK into the European Union Erasmus+ programme and the potential use of eGates. Speaking from personal experience as a British university student doing an internship in Spain, the first two points are most definitely a welcome announcement. Under the current system, the inconsistency between the visa requirements for each Member State and general lack of centralised information makes what should be an exciting opportunity to live, work, study or volunteer in another country, a tedious and, at times, exasperating experience. Evidently, as with many of these preliminary commitments, it is yet to be seen how they will be implemented, but a step towards facilitating freer movement of young people between the EU and the UK is certainly a step in the right direction. The commitment to ‘no legal barriers’ to eGate use through the introduction of the European Union Entry/Exit System is once again a welcomed proposal, however questions remain over the timeline for such changes and how they will actually be implemented on an individual basis in each Member State.
A revisited commitment is that of streamlining the processes of entry and temporary stay for business purposes. As set forth in Chapter 4 of the Trade and Cooperation Agreement this commitment aimed to facilitate and stimulate business operations between the two parties by allowing business visitors to move more easily and for longer periods of time between the UK and the EU. However, as with many of the commitments included in this agreement, it has yet to be implemented, or even discussed whatsoever. So, whilst the setting up of dedicated dialogues could be seen as a recognition of the importance of implemented such measures as part of a broader attempt to nurture relations between the parties, it fundamentally just seems like another vague and non-committal promise.
Dynamic Alignment
One of the most important aspects of the Agenda, from a legal perspective, is the reference made to the concept of ‘dynamic alignment’ and its implications. The term is used in relation to two separate proposals. Firstly, in relation to the ‘linking’ of the European Union Emission Trading System[1] (EU ETS), established in 2005 and the United Kingdom Emission Trading Scheme (UK ETS), established in 2021 to replace the UK’s participation in the EU ETS; in other words, re-linking the carbon markets and implementing mutual exemptions from their respective Carbon Border Adjustment Mechanisms. In many ways this is a U-turn in the UK’s policy, as it is re-entering a market that they left in 2021. This is further underlined by the aforementioned concept of ‘dynamic alignment’ which effectively means that the UK commits to bringing its own legislation in line with that of the EU, handing over control of the direction of future policy on the matter and, crucially, accepting that the Court of Justice of the European Union or ECJ will be the ultimate authority on all related matters. Secondly, the ‘dynamic alignment’ procedure shall also apply a future Sanitary and Phytosanitary Agreement to be signed by the parties. This agreement relates to the movement of agri-food products between Great Britain and the European Union, and aims to do away with the current certificates required and controls in place that hinder said movement. This is clearly a promising move especially for smaller businesses for which these processes are just not economically or logistically viable. However, questions around a loss of legislative freedom once again rear their heads, as the UK, once again, effectively commits to submit itself to EU Law and dispute resolution.
Judicial Cooperation
In relation to matters of civil and commercial law there is very little said specifically in the Agenda. Despite this, reference is made to the Hague Convention on Recognition and Enforcement of Foreign Judgements in Civil or Commercial Matters, a catchy title indeed, otherwise known as the Hague Judgements Convention (hereby the ‘HJC’) which was ratified in the UK on 27th June 2024 and will enter into force for the United Kingdom (excluding Scotland and Northern Ireland) on 1st July 2025. This makes the UK the second country outside the EU bloc, behind Uruguay, in which the convention entered into force on the 1st of October 2024. There is a relatively complex and intricate set of restrictions and requirements for judgements to be declared ‘in-scope’[2]but in essence the HJC seeks to simplify the recognition and enforcement of judgements between contracting states without the need to verify its merits according to specific national legislation. One of the major limitations of the HJC is its overlap with the Brussels I Regulation that applies to all EU Member States, therefore, in practice the HJC only really applies when at least one non-EU contracting state is involved. As regards the relationship between the EU and the UK in particular, however, the HJC is another important step towards tightening this bond and reducing unnecessary bureaucratic processes.
Conclusion
In conclusion, this Summit represents a vow by both the United Kingdom and the European Union to take a more active role in the complete implementation of the Withdrawal Agreement and the Trade and Cooperation Agreement going forward. Realising the importance of the bond that lies between the two parties is essential and guaranteeing it is maintained even more so; nevertheless, especially from the UK’s perspective, this will involve a careful balancing act of maintaining its legislative and economic freedoms and, at the same time, making sure this does not come at the detriment of excessive bureaucratic processes and negative economic effects on people’s everyday lives. Obviously, this situation is nothing new and has been something with which the UK and the EU have been grappling for years now, but the occasion of this first summit has been an apt opportunity to re-evaluate matters, finding benefits on both sides. The commitments mentioned in this article are, on the whole, positive; nonetheless, valid concerns surround the ‘dynamic alignment’ of the UK’s legislation and the extent to which that may set a precedent moving forward.
Oliver Hobson
Vilá Abogados
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6th June 2025
[1] More information about how the EU system works can be found here: https://climate.ec.europa.eu/eu-action/eu-emissions-trading-system-eu-ets/about-eu-ets_en
[2] An indepth analysis of such requirements or ‘bases’, falls outside the scope of this article but further information can be found through the following links: https://lpscdn.linklaters.com/knowledge/-/media/digital-marketing-image-library/files/06_ckp/2023/august/230831-hjc-alert_ckp.ashx?rev=1fc7d7f4-5d67-4100-9c8b-f07418fac841&extension=pdf&hash=39CFDDB4B4F5E559A831AAA2699360AF
