EU CUSTOMS UNION AND FREE MARKET. (REFLECTIONS ON THE SIDE-LINES OF BREXIT AND THE UK’S WITHDRAWAL FROM THE EU)

The withdrawal of the United Kingdom from the European Union, en- shrined in the referendum of 23 June 2016, represents a turning point in the relationship between what had been a fully-fledged Member State since 1973 and the European institutions. The exit proved to be more complicated than expected, creating in the three years following the referendum a deep rift between the sup- porters of “leave” and those of “remain”, and bringing out social divisions and differences over the future perspectives between countries — such as Scotland — which are part of the United Kingdom. Following the December 2019 elections, which saw the overwhelming victory of the Conservative Party led by Boris John- son, it was agreed that on 31 January 2020 the UK would effectively leave the EU. However, another front is now opening, concerning the withdrawal modalities, after the standstill transition period, which is due to end by December 2020. Through a holistic approach, the article analyses the range of hypotheses related to trade agreements concerning mainly goods and products: from a permanence in the Single Market to the EU customs union, which is the basis of the very functioning of the EU and the internal market, up to bilateral agreements of various types (such as with Turkey and Canada). If no agreement can be reached, the way would be open for a no deal, meaning relations with the EU would be managed according to WTO rules. Finally, the article raises the question of addressing the thorny issue of the Irish border. All this, in a period of time considered too short to reach a full and comprehensive agreement. Although any prediction at the moment could be contradicted by the decisions made, it would be very desirable that any changes made to UK internal legislation, both primary and secondary, not be such — at least in the short or medium term — as to create too big a gap with EU legislation on customs duties and tariffs. A convergence in regulatory and administrative practices would be very useful indeed for business and mutual trade.