Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence – UK Constitutional Law Association

Posted December 16th, 2021 in agreements, brexit, EC law, international relations, markets, news by sally

‘This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in Sections 10(2) and 18(3) of the Act which allows the Secretary of State, by regulations, to amend Schedule 1 (goods) and Schedule 2 (services) to exclude the outcome of a ‘common framework agreement’ from the scope of application of the market access principles. The aim of this new post is to consider how this power is likely to work in light of a written ministerial statement made on 9 December 2021 setting out the mechanism for its implementation.’

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UK Constitutional Law Association, 15th December 2021