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Cambridge Centre for European Legal Studies (CELS) Podcast

'To Align or Not to Align? - Market Regulation after Brexit' - Kenneth Armstrong: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

00 Ratings

🗓️ 6 November 2019

⏱️ 43 minutes

🧾️ Download transcript

Summary

Professor Kenneth Armstrong, University of Cambridge, gave a lunchtime seminar entitled "To Align or Not to Align? - Market Regulation after Brexit" on Wednesday 6 November 2019 at the Faculty of Law. Membership of the European Union requires Member States to implement EU rules and align their legal frameworks to ensure that domestic legal rules faithfully and continually reflect the market regulation requirements imposed by EU law over time. Apart from the generic provisions of the European Communities Act 1972, remarkably little attention has been paid to the mechanisms and instruments by which UK law has aligned with EU law during membership. The UK’s withdrawal from the Union and the aim of the European Union (Withdrawal) Act 2018 to ensure perfect domestic alignment as of ‘exit day’ provides a novel opportunity to reflect on how alignment has been achieved during membership and how that might change post-Brexit. And while much of the media attention lies on the big political choices facing the UK as to whether to pre-commit to alignment under a so-called Norway model or instead to have regulatory autonomy to pursue free trade deals (or a mixture of the two in respect of the Irish ‘backstop’), very little is understood as to how alignment will be secured through legal mechanisms and legal instruments. This paper explores the past and future of regulatory alignment in the UK when – and if – Brexit occurs. For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

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0:00.0

So welcome to the sales lunchtime seminar.

0:07.0

One of the things that we heard during the, I'd say, during, continuing to hear, during the Brexit day, is that we should leave.

0:16.0

Because if we leave, we can make our own laws and do our own thing.

0:21.6

Some of the consequence to that though,

0:24.6

there's quite a lot of discussion about whether or not we can make your own laws.

0:28.6

If you can do your own thing, whether or not it would be most more effective.

0:34.6

If we aligned, had a close alignment, close the labourship,

0:40.3

a common rule book and other such mechanisms.

0:45.3

Here to speak to us about this issue and others is Professor Kenneth Armstrong,

0:53.3

who is Professor of the EU law here since 2014.

1:00.0

Thirteen.

1:01.0

Thirteen.

1:02.0

2013.

1:03.0

And it's European law, not EU.

1:06.0

EU, because of the European law since

1:10.9

2013

1:11.8

and he is currently

1:14.2

on leave

1:16.7

on a

1:18.0

Lieber hum

1:20.0

Librium

1:21.2

Librium

...

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