The UK should not be able to freely pick and choose elements and legal constructions from previous EU’s FTAs, as the current situation is not comparable, according to the draft opinion of the European Parliament Committee on Constitutional Affairs. It insists that any agreement on a new relationship must be coherent and adapted to the geographic proximity and the high level of interconnectedness of both parties’ economies. It also rejects the idea of resorting to several sectoral agreements because of the limited negotiation time available.
Other European Parliament’s committees also published their (draft) opinions on the future partnership with the UK. The majority of them mention the importance of having a comprehensive deal, with an overarching institutional framework and strong enforcement mechanisms.
The Legal Affairs Committee emphasised the importance of the effective implementation of the Withdrawal Agreement, which is seen as a precondition for a minimum guarantee of good faith and mutual trust between the two parties. It also highlighted the inevitable role of the Court of Justice in the examination and interpretation of EU law in the future agreement and that any body set up by the agreement for its enforcement will not be competent to interpret any concepts of EU law.
The Internal Market Committee stressed that an ambitious deal can be agreed only if robust commitments for a level playing field are in place. This should also include dynamic regulatory alignment on the market surveillance of products and regulatory cooperation.
The Budget Committee added the need to establish arrangements between the UK authorities and Union agencies.
The Constitutional Affairs Committee draft opinion
The Legal Affairs Committee opinion
The Internal Market Committee draft opinion
The Budget Committee opinion