FERNANDO VAL GARIJO – A talk on Brexit

(by Stefania Del Monte)

Fernando Val Garijo is Associate Professor at the Public International Law Department of UNED (Faculty of Law). He received a PhD in Law from UNED, and a Master’s degree in EU Studies from Universidad Politécnica de Madrid. He has taught courses on International Law and EU Law at UNED, the Spanish Diplomatic School, FRONTEX and CEPOL, as well as International Law seminars at La Sapienza and East London University. His research has focused on International Criminal Law, International Humanitarian Law, Human Rights and International Organizations, with special regard to European Union issues. He has served as external legal counsel for the Spanish Ministry of Foreign Affairs and Cooperation (2008-2011), and as legal assistant of one of the Special Rapporteurs of the International Law Commission of the United Nations in Geneva (2015, 2016, 2017 and 2019). He is also author of The Impact of Brexit on the Spanish and European Health Care Systems (2017, in Spanish).

We have met him to talk about Brexit.

Professor Val, as an expert of International Law and especially of EU issues, what is your personal opinion on Brexit and what is the most realistic scenario we can expect, five years from now?

Five years is a long time in politics and international relations. Many scenarios are possible in this time frame, and I tend to avoid either worst-case or best-case scenarios. I would say that it is reasonable to expect that the EU and the UK will have agreed on a stable relation focused on trade and, hopefully, on some security issues. However, neither the EU nor the UK will be better off after this agreement. Membership was better than any future agreement, especially for the UK, but also for the EU. In this regard, I see Brexit as a lose-lose situation.

This is why, in my opinion, Brexit is a bad idea, whose supposed benefits have never been credibly explained. The UK, of all member states, had no need to leave the EU. It was one of the big, influential member states. It benefited greatly in areas such as services trade or the funding of scientific research. It had used the opportunities given by the flexibility of EU integration: opt-out regimes in areas such as the euro and social policy. In a way, when it was a member state, the UK could “have its cake and eat it” in certain respects. It will no longer be the case; it will be either no cake or no eating, contrary to what some brexiteers still say. One of the absurdities of Brexit is that it wasn’t necessary at all, even from a Eurosceptic perspective, Of course, it was from a Europhobic perspective, but then phobias are very powerful forms of irrationality. Brexit seems to me like a self-inflicted blow.

However, although the impact on the EU-27 will be less, I also think that in the long run the EU will be worse off without the UK. In spite of being reluctant EU members, the British made valuable contributions to European integration, providing an alternative to Franco-German views and advocating a flexibility in the EU integration process that is one of its strengths. Brexit is everyone´s loss, even if the loss will be greater for one side. It still fills me with sadness.

While Wales has voted in favour of Brexit, Scotland, Northern Ireland, and even London have never hidden their disagreement on the subject. Should they decide to pursue a different path, would they really have any space for manoeuvre?

This is more a question for a British constitutionalist lawyer, or for British political commentators. But it seems to be the case that Brexit weakens the unity of the United Kingdom, and that EU membership was a source of internal stability. EU membership has that effect in other member states, Spain being a case in point. If a second referendum of independence took place in Scotland now, independence from the UK would probably win, and Scotland could become a new EU Member State. But that referendum is very unlikely to be held in the near future. The new British government has some time to try and win over sufficient Scottish voters for the UK not to lose Scotland. At the same time, the prospect of a united Ireland has never been as credible as now, as the issues relating to the border between Northern Ireland and the Republic of Ireland are showing. British political leaders do not really know how to solve the Irish conundrum, at least not yet. Having said this, a break-up of the United Kingdom is not to be expected soon. One should not underestimate the strength of a union like the United Kingdom. The political bond between the four nations cannot be broken as easily as some think, although Brexit will, in my modest opinion, weaken that bond. Seeds of dismemberment have been planted during the Brexit process but that kind of fruit is far from ripe today.

Officially, there are over 1.2 million British nationals currently living in the EU, including over 300,000 in Spain (actual figures might be well over 2 million). How do you think Brexit affects them?

At the moment, there is a transition period set out in the Withdrawal Agreement, which lasts until 31 December 2020. Until that date, most things will remain the same as they were before 31 January 2020 (official Brexit date). A positive development is that the Withdrawal Agreement guarantees UK citizens who have registered as residents in a EU member state broadly the same rights as they enjoy now in terms of living, working and travelling. These rights will cease after a leave of absence of more than five years. Even during the transition period UK citizens can move to the EU and consolidate these rights. For example, UK citizens living in Spain or moving here permanently before 31 December 2020, will have life-long healthcare rights in Spain, provided they continue to be residents. Of course, with UK citizens who are not residents before that date the situation will be different.

Do you expect any other of the EU countries to follow the example of the UK, any time soon?

I do not, mainly because the benefits of leaving are still not obvious to anyone. The British case is an example of how difficult it is to withdraw, especially after more than forty years of membership and integration. EU leaders are determined that the EU-UK agreement on their future relationship does not leave the UK in a better position than when it was a member. In this regard, EU member states have so far shown a remarkable unity and resolve. At best, some member states may be adopting an attitude of “wait and see” regarding Brexit. The EU is imperfect, at times, irritatingly so, but for Member States it still solves more problems than it creates. The same cannot be said of Brexit, an option that still has to prove its alleged blessings.

Do you believe there is still a future for the European Union?

I am strongly pro-EU integration. I believe the EU enhances the possibilities of Member States and of the citizens of Member States in areas like trade, protection of the environment, defence and security, influence in foreign policy. It also consolidates common standards in areas like fundamental rights (including employees’ rights), consumer protection, food safety, health regulations, and several other topics.

EU citizens would benefit from more education on EU issues and the EU system. When I teach EU law and EU integration I perceive the average level of knowledge on the EU is very low and surprisingly inaccurate among undergraduates. It is at times even worse with the media. EU leaders, EU institutions, schools, academics and the media have a responsibility in bringing the real EU closer to EU citizens, so that they can decide whether they want it or not. I think this is, in times of populism and fake news, a crucial challenge. But it is a beautiful challenge too, one that can shed a positive light on the European realities of today.

In the cover: Prof. Fernando Val Garijo
image courtesy of Elisabetta Bagli

Important letter after settled status : rights and duties

London *- Your settled status in the UK can be confirmed online through the Home Office online checking service: ‘View and Prove your Rights in the UK’: view-and-prove-yourrights.homeoffice.gov.uk.

You may use the online service to show your settled status in the UK. This letter is not proof of your status. Important information about viewing your status online and about your status and rights is included below.

If you have any questions or would like to discuss this letter, details on contacting us can be found on our website: https://eu-settled-status-enquiries.service.gov.uk. Yours sincerely, UKVI European Casework On behalf of the Secretary of State Important information Your status As you now have settled status there is no time limit on how long you can stay in the UK. Your settled status gives you the right to stay in the UK under UK immigration law.

At the same time, until 31 December 2020, you can also continue to rely on any rights you have as an EU citizen or family member of an EU citizen: https://www.gov.uk/right-to-reside. Online evidence of your status This letter is not proof of your status in the UK. Your status is linked to the passport or national identity card that was used to apply for the scheme.

1 of 3 In line with existing requirements, you may be required to prove your status in order to demonstrate your right to work, or to access benefits and services, for example to prospective employers and landlords, the National Health Service (NHS), other Government departments and local authorities.

As well as being able to use valid residence documentation or a passport or national identity card to evidence your status until 31 December 2020, you can soon also use the Home Office online checking service to prove your rights. You can view your online status at any time with this service at view-and-prove-your-rights.homeoffice.gov.uk The online checking service is available now to show your right to work to an employer by letting them view your status online. In due course, it will also be available to you to show a landlord your right to rent accommodation.

Checks are already carried out by employers or landlords when you wish to work or rent in the UK but this online service will allow the checking of your new settled status.

This information is protected by Data Protection Legislation and employers and landlords will only be able to check your status if you have given them permission to do so. If you would like to see how this works you can log on to the online service: view-and-prove-your-rights.homeoffice.gov.uk. To keep your online status up to date, you will need to tell us if you change your passport or national identity card for any reason.

As most passports and national identity cards expire every 10 years, you will probably need to inform the Home Office within the next 10 years of the details of your replacement documentation.

You can find out more general information about viewing and proving your rights at: www.gov.uk/government/publications/eu-settlement-scheme-view-and-prove-your-rightsin-the-uk Work and access to services You do not need permission from a Government department to take or change employment.

You may engage in business or an occupation, or be self-employed, as long as you comply with any legal requirements for that activity. You will still need to prove your rights to work in the UK to employers, just as you do now. You do not need permission to enrol in education or continue studying.

You are entitled to NHS healthcare if you are ordinarily resident in the UK. Whether you are entitled to benefits and other public funds depends on whether you meet the relevant eligibility requirements which are set by the issuing Government department, local authority or delivery partner.

At the UK border There are no changes for when you travel in to the UK.- You must continue to present your passport or national identity card at the UK border.

Time outside the UK Under current UK immigration law, if you are absent from the UK for a continuous period of more than two years, your settled status will lapse. If you leave the UK and return within two years, you can enter the UK and continue to live here as a person with settled status under the EU Settlement Scheme.

If you leave the UK for more than two years and your settled status lapses, you will need to make a new application under one of the routes which may be available to you to return to the UK. In the application, you will need to meet the requirements of the Immigration Rules in force at that time.

2 of 3 Parliament will be invited to amend UK immigration law in line with a final agreement with the EU on citizens’ rights, so that you can then be absent from the UK for up to five consecutive years before your settled status lapses.

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Family members As a person with settled status under the EU Settlement Scheme, your family members may be able to join or remain with you in the UK under the EU Settlement Scheme. Or you may be able to sponsor a family visa for them – you can find further information about this at: ilywww.gov.uk/uk-fam-visa. British citizenship If you would like to find about becoming a British citizen, you can find information at: www.gov.uk/becoming-a-british-citizen. If a child is born to you in the UK while you have settled status, they will be a British citizen automatically at birth. You can find further information about this at: www.gov.uk/government/publications/children-nationality-policy-guidance.

Removal from the UK Where a person who is not a British citizen commits a serious criminal offence, consideration will be given to whether they should be permitted to continue living in the UK

May: “Brexit will give the freedom to deliver the British dream”

London (Caterina Moser) – Brexit will give Britain the “freedom to deliver the British dream”, Theresa May said in exclusive interview with Daily Express. The prime minister showed her most optimistic vision yet of how the “divorce” with Brussels will benefit the whole the country.

She said that Brexit gives the opportunity to built a better future and to realise the famous British dream. Theresa May added: “Brexit gives us opportunity to have the freedom to be able to deliver that in a way that we haven’t been before”. The freedom to spend billions of pounds on the priorities of the country.

The prime minister spoke on the eve of the EU Summit, which is taking place on 19th and 20th of September in Salzburg.

The Summit is an important step, because the British government will present the – so called – “Chequers deal”. It considers the only alternative to the no-deal. The informal Summit in Salzburg will be the first time for the EU leaders to sit together since Theresa May presented her “Chequers Brexit” proposal to them.

The Brexit deal is about the future relationships between the EU and the UK and it is putting on table “what we think is the right plan for the UK and deliver a good deal for the EU”, said Theresa May.

Regardless, the most difficult battle that May is afraid to face is at home.
From September the 30th to October the 3rd, there will be the annual Tory congress in Birmingham. During those 4 days, we will understand if the leader of the Tories has the 320 votes that they need to pass the agreement to the House of Commons.

The Chancellor of the Exchequer Philip Hammond warned of “dire consequences” from crashing out of the EU. Siding with the International Monetary Fund, Hammond said that a no-deal Brexit risks wiping out Britain’s 10-year recovery from the economic crash. These kind of warnings have sparked new tensions between the Canchellor and the prime Minister Theresa May.

Moreover, in last few days the speculation over May’s position as prime minister became harsher. For example, at the end of August, Jacob Rees-Mogg sent a message to some Tory activists encouraging them to ditch Theresa May’s soft Brexit plan and quit the EU with no deal.

In a BBC interview, Theresa May said she gets “irritated” and the debate should be about the country’s future rather than her own.

Meanwhile, few days ago, the mayor of London Sadiq Khan called for a second Brexit Referendum. He criticised Theresa May’s handling of Brexit negotiations with EU. According to Mr Khan, time is running out and UK is now facing a “bad deal” or a “no deal”.

Regarding a second vote, Ms May is being clear: “We gave people the opportunity to make a choice. They made that choice”. Demanding a second Brexit referendum risks shattering trust in Westminster.

“This was probably the biggest exercise in democracy in our country’s history. If we were to go back on that vote, it would destroy trust in politicians” said the prime minister.

“Brexit and The Rights of European Citizen”

London (Caterina Moser) – Italian Embassy in London held a meeting and a Q&A session on 12th September with the aim of informing Italians in Uk about the impact on their citizens’ rights. 

Several important authorities of the British government were there to answer all the questions: Minister Suella Braverman, Parliamentary Under-Secretary of State at Department for Exiting the European Union, Mr Chris Jones, director of Justice, Security and Migration, Mr Mark Doran, deputy director of EU Exit Immigration strategy and Jill Morris, British Ambassador to Italy. 

On the opening, the Italian Ambassador Raffaele Trombetta recalled how large the Italian community is. For this reason, it’s important to understand which the changes for every Italian student and worker living in United Kingdom will be. 

Jill Morris, British Ambassador to Italy, began her speech by thanking Italians. She wanted “to pay tribute to Italians for your contribution to our culture, economy and society”. The British Ambassador knows that it is a concerning and uncertain time, but it is important for Uk and Italy to work together to get the relation stronger and deeper. 

There is a talk of agreements and negotiation, but we can’t forget that there are 700.000 Italians in Uk and everyone of them have a different story. Jill Morris presented a new podcast #Migrantsbritish and invited everyone to tell their story. 

Suella Braverman took the floor. The Parliamentary Under-Secretary began reinforcing the thanks to all Italians that contribute for years in Uk. She said she loves Italy for its culture, food, fashion, design. (Moreover, she is going to visit Amalfi Coast in a few days for her Honeymoon and she doesn’t looking forward). 

It is a long story of link between Italy and Uk. Historically, Italians have always moved from Italy to study and work and, as well, British have moved to Italy to learn architecture, culture, literature. Italian culture can be seen an inspiration for British. The Minister Suella Braverman recalled the experience of Shakespeare. 

“3 millions of Italian people visit Uk every year. We will preserve that”, because although Uk is leaving European Unione, “we are not leaving Europe”. 

“We want you to stay” has been repeated several times. The Minister said that meeting is important. British government wants moment like these “to inform you, to assist you, to help you”. 

Chris Jones, director of Justice, Security and Migration, focused on the Draft withdrawal agreement and he underlined that this negotiation of citizen rights is unique and “we know that is a particular uncertain period”. It is possibile to read it on the site of the British government. 

In December, British government reached agreement on citizens’ right and in march it extended to cover who arrived in the implementation period. 

If you are an Italian citizen – or European Union citizen – living in the Uk, you need to apply the EU Settlement Scheme.

Mark Doran, deputy director of EU Exit Immigration strategy, explained how it will works and why it is important. 

The EU Settlement Scheme will allow Italians to continue to live and work in the Uk after 31st December 2020. Italians living in Uk will need to apply a simple digital system to secure their rights. “We will be looking for reasons to grant, not to refuse” said Mr Doran. 

It is necessary to complete three steps to check the employment and benefits. 

  1. Demonstrate the identity. This must be valid a EU passport or national identity card;
  2. Proof of residence. It will need to provide a National Insurance number or provide evidence to show the residence.  
  3. Declare any criminals convinctions. 

The fee to apply will be £65. For children under 16, the fee will be £32.50. But, it will be free if the applicant has already a valid indefinite leave to remain or a valid permanent residence document and if he or she is applying to move from pre-settles status to settled status. 

There will be also support for any kinds of need, such as translation, assisted digital, policy provisor.
For more information, visit the website eucitizensrights.campaign.gov.uk

In closing, the Ambassador Raffaele Trombetta spoke again. He underlined some concerns emerged in Q&A session moderated by Alessandro Motta, Deputy Head of Mission.
It is important to understand well what would happen if someone will not apply the scheme. We must also consider those who will not register and will not be informed about it.

Italians and Europeans need more details about the eventuality of a no-deal, because people are talking about it but there aren’t enough informations. 

What about the future after Brexit? “This event shown the strength of Italian Community. And we, both Uk and Italy, make sure that links and connection between us will not be affected” said Mr Trombetta. 

Brexodus is real: many banks are leaving United Kingdom because of Brexit

London (Giulia Faloia) – Brexit brings Brexodus. More and more banks are now leaving UK due to the abandonment of European Union.

According to the Financial Times, Treasury and Bank of England are “at loggerheads” over City of London regulation after Brexit.

Chancellor Philip Hammond said he wants to keep Britain closely aligned with the EU’s rules to ensure maximum access to the European market. However the Bank is fearful of any compromise that would leave it as “a rule taker”.

There are different opinions about the kind of relationship between the two sides. According to the Daily Telegraph, they are “very, very bad”, while an unnamed Treasury source tells the Times that the department has a “very good” working relationship with the Bank.

It’s pretty clear that the situation of banks and their employees – as much as their clients – is quite critical, especially if there will be an Hard Brexit.

The Minister Dominic Raab has recently warned people about the possible scenario after a no-deal. In fact according to him customers could be faced with increased rates and major precessing times for euro transactions. He also added that payment costs by credit card between United Kingdom and European Union could increase.

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According to the Minister, there could be problems for British citizens living in countries belonging to European Union. In fact, in case of an Hard Brexit the same customers could loose the possibility of accessing  deposit and loan services and insurance contracts.

British banks have already started to leave Great Britain and probably more and more will follow.

One of the greatest and latest blow to the British economy was the one by Hsbc. In fact the bank has announced that its activities will be transferred to Europe, in France. The seat in London will loose the control on seven European branches: Belgium, Czech Republic, Ireland, Italy, Luxembourg, Netherlands and Spain.

The list of the banks that will leave United Kingdom is destined to get longer. The destinations will mainly be Germany, France, Spain, Ireland and Denmark.

The match between London and Bruxelles is still opened and the possibility to end it with a no-deal is more and more close. Meanwhile Brexodus is real.

Brexit is one of the greatest threats to women’s rights

Brexit is one the greatest threats to women’s rights and social inclusion, a new study in the Journal of Social Policy and Society reports.

Researchers from the University of Surrey and University of Canterbury, New Zealand, investigated the potential impact of Brexit on gender equality in the UK and examined the country’s previous voting record in the Council of the European Union on such issues.

They found that gender equality in the UK is potentially at risk following the country’s withdrawal from the European Union, as business interests have historically taken precedence over women’s rights when negotiating terms with the EU. Silence on this issue during ongoing Brexit discussions, which have focused mainly on trade, and a recent vote against amendments to the European Withdrawal Bill that was aimed at safeguarding rights under the 2010 Equality Act, has led researchers to the conclusion that gender equality policies are likely to become watered down as a result.

This perceived attack on fundamental rights is further strengthened by the UK’s poor record in protecting the rights of women. Researchers point to the UK’s resistance of the Pregnant Workers Directive, on the basis that it was going to be too costly for employers, as a clear example of business interests taking precedence over those of females.

Additionally the UK’s restrained position on gender balance on corporate boards and a desire to avoid regulation in this area, shows a preference to preserve the status quo within businesses, which is often discriminatory towards women. Researchers warn that the exit of the UK from the EU could lead to the collapse of fairness standards in the industry without minimum EU standards.

Professor Roberta Guerrina, Head of Politics at the University of Surrey, said: “Brexit poses the greatest modern day threat to women’s rights and gender equality policies in the UK. European legislation affords a degree of protection to women in the UK, but once we leave Europe there is no guarantee that the same levels of protection will remain intact.

“Women’s reproductive rights are particularly vulnerable to attack. As business production remains more valued than reproduction, the interests of business are likely to trump other fundamental principles such as equality in the workplace.”

 photo  http://www.spiked-online.com