The EFTA Route Is A Realistic Brexit Option
The above video was recorded more than a year ago and before the referendum that decided the UK would no longer remain a part of the European Union. In my humble opinion, is still relevant to the situation that the country finds itself in today.
One of the options for the UK that is mentioned is the possibility of joining the European Free Trade Association (EFTA). This is an idea that is gaining some traction and will continue to do so throughout the month of September as the president of the EFTA court, Carl Baudenbacher, engages in a series of talks across the country.
Joining the EFTA on a full-time basis may not ultimately be the best solution as although it retains the free movement of goods with the European Union, it also essentially allows for the free movement of people as well; a situation that would most likely not satisfy many Brexiteers nor much of the Conservative-led government.
Nevertheless the option may prove to be a useful go-between as the UK transitions away from membership of the EU after March 2019. In particular a significant advantage is that the countries that make up the EFTA have a coherent and joined-up policy on international trade and already have many agreements in place with a range of countries across the globe:
Beyond this the most obvious sticking point might be the role of the EFTA Court. The prime minister, Theresa May, has made it clear that she does not wish for the country to be subject to the jurisdiction of the Court of Justice of the European Union after Brexit and some may see the EFTA Court as a proxy for European judges making decisions about the law in Britain.
That view would be mistaken and incredibly short-sighted. While it is true that the countries that make up the EFTA are subject to EU law the application and enforcement of that law is more of a balance between EU and EFTA state-level legislation. Furthermore the EFTA Court and the Court of Justice have a good working relationship and regularly influence each other’s jurisprudence. For Britain to have a representative on the EFTA Court would show that the UK is still influencing decisions at a higher level on par with other top European judges.
EFTA represents a ready-made solution to the Brexit deadline and is a halfway house if the government wants to eventually strike a harder bargain with Brussels after March 2019. On the other hand the arrangement may prove to be exactly what a global and outward-facing UK is looking for on a longer-term basis. There will always be those who will criticise the Association and argue that it still leaves the country under the thumb of Eurocrats but while Brexit negotiators on both sides try and win an unwinnable chess match there is some value to be had in actually sitting down and co-operating.
Does “We are with Europe, but not of it.” sound familiar?