In any negotiation, it is necessary not only to seek the best terms for oneself but also to ensure that the terms can be accepted by the other side – otherwise the negotiations will have failed. Of course, this is not easy when the other side has no coherent position on what it can accept – or wants from the negotiation. This is the problem now facing the EU and the UK. The negotiations have not led to an agreement that both sides can accept.
However it has also become clear that the consequences of a no-deal Brexit would be extremely disruptive and both sides appear agreed that they must avoid them. That is why the European Council, having previously extended the period provided for in Article 50(3) of the Treaty on European Union ("TEU") subject to strict conditions that were not met has, on 10 April 2019, agreed to extend it again until 31 October 2019 subject to new conditions – and has not ruled out further extensions. In this View from Brussels we examine some of the legal issues arising out of these extensions.
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The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.