Catherine Barnard on Brexit: Would Britain be able to rejoin the EU?

There have been some striking shifts in the polling on Brexit recently. As a consequence, some people are now arguing that we should be discussing rejoining.

The first in our new online series, the “UKICE Lunch Hour”, this panel discusses this shift in public opinion, and the legal and political challenges that accession negotiations would imply.

[harryvanrijn]

The EU has moved on, tighter than ever, having no interest in getting an obstreperous member back at the party.

[teddyboysdontknit]

I'm afraid the UK has burnt its bridges, rejoining will be so difficult that I don't think that will happen in my life time.

[bertoverweel]

That's not for the UK if they can join again, it's up to the 27 members of the EU.

[oneworld]

What would you bring to the EU except for xenophobia and raw sewage in the seas? No way that our governments will allow such a failed state to come in again.

But we are also protected by the british greed. No way Brits will pay their contributions at the same level of other members without a rebate

[martinaklee-webster]

The UK did Cherry picking years over years. It wasn't neccesary, but pure selfisfness and the thought of beeing superior. Ukraine is an absolute different case. Let them Cherry pick, while doing their homework, they truly deserve it. Greetings from Germany

[andycole]

I am English, but living permanently abroad. I watch with dismay what the likes of Farage, Johnson, Rees-Mogg et alia have done to the country of my birth. The economic, social, environmental and reputational damage done by them, and by so many of their citizens, to my country, by taking us out of the EU, is immense. It is also likely to be permanent. The jingoistic exceptionalism espoused by so many Britons will make the UK a pariah amongst European nations for generations. This alone will impel some EU members to veto any application to rejoin in the foreseeable. The saddest thing for me is the knowledge that they would wise to do that - if I was them I would do the same.

[SonOfViking]

Trying to use Ukraine's situation in any way as an indication that the EU would allow "cherry picking" by the UK is, to put it bluntly, proof that the exceptionalist delusions which took the UK out of the EU are just as evident among those wishing to rejoin. To then use Northern Ireland as a further indication of the same thing is simply this again, but with gob-smacking amounts of self-serving revisionist arrogance thrown into the equation to boot.

The simplest, most logical, and indeed the only legal way to assess the UK's likely success if it ever formally applies to join the EU is to actually read the Acquis chapters, and not just refer to them. In these easy to read accession criteria you will readily see immediately how the UK fails the definition of a constitutional democratic state as it is commonly understood in the civilised world, let alone one that meets the other criteria required to demonstrate that it is a polity and economy which actually works.

Things have moved on since 1973 when a blind eye could be turned to applicants' failure to stand up to scrutiny. And after recent experiences with both Poland and Hungary, in fact, such scrutiny and the requirement to conform to basic constitutional norms have become even more intense.

As a little experiment, just read the eighteen "super milestones" that the EU recently presented to Hungary as conditions of its continued membership and see how many you reckon the UK could even begin to meet. You may be shocked - but then again I suppose one benefit of exceptionalist thinking is that one can simply pretend such criteria should never apply to oneself.

[larstenfaelt]

It's a total different situation between UK request to leave and wanted to Cherry pick than EU might want to give Ukraine a possibility to enter gradually in their dire situation. It's up to EU and it will be done, if possible, with humanity in mind and not based on some kind of "exceptionalism".
I'm sure we in EU would love to see UK back but a change of attitude and seeing advocating domestically of real values of membership broadly. Otherwise it's not possible. If UK leave the European Human Rights its not only troublesome for possible rejoining but even worse that UK take a conscious decision to leave a role as a "superpower of values" that Churchill initiated. I thought that was in the backbone and genes of the Brits. I do believe that this will not happen though but who knows. The Syrian war was the catalyst for Brexit...now the small boat issue can create a similar situation where a short term issue can change the long term role of UK and its rike in the world. Would be lovely ti see comments from Brits about this. Am I too blunt and do i miss something? I'm confused!

[paologat]

You forget to mention that UK, even before it decided to leave the EU, was renowned for its sense of entitlement; if I had been in the Commission’s shoes, I would have rejected each and every of Mrs. Thatcher’s demands and told her to follow the same rules as everyone else or leave.

Now UK put itself in a quite weak negotiating position; if it wants to return, it will have to accept all the membership rules that it used to be exempt from (Euro, Schengen, mutualized debt, primacy of EU law enshrined in a codified constitution…) and make huge concessions to current members that would otherwise veto UK accession (French fishermen, German car manufacturers, Spaniard commuters to Gibraltar, Dutch and Italian bankers… not to speak of the Irish) - and before UK applies, other countries might earn their right to veto its accession (right now UK doesn’t have such a good reputation in Albania for instance).

Something tells me it will take a while before UK fully realizes and accepts the conditions for its return into the EU.

[Rosbif]

Banning hateful Murdoch press would be a start.
A crackdown on corruption and taking Russian money would also help.

[bigernie]

Being "able to rejoin" and the EU unanimously accepting a candidate are two completely separate matters ....

[patricklenz]

Very interesting video! I always admire Catherine knowledge on these topics. However I wouldn't call the EU deciding what rights & obligations to allow the Ukraine to have access to as"cherry picking". The UK had access to all rights & obligations as a member and wanted to decide which ones apply to it and which ones dont now that is cherry picking from a big heap of cherries not begging for a few cherries when you have nothing.

[Ooze-cltx]

for a selfproclaimed expert, she starts with quite a blunder. After leaving, you lost all the rebates, benefits and special conditions that allowed you to stay in the EU even after you exempt yourself from a lot of the requrements, old ones and such that where added during your membership . All those exemptions are now gone. To join you would now need to meet all the requirements you wiggled out off during your membership. And to be honest the idea that the EU isnt sticking to their principles because the UK managed to bully them into having NI in the single market, by threatenig to break the GFA and "offering" Ireland to "come back into the UK" is an outstanding reason for a bit of cherrypicking on the EU side, like NO ENGLISH VETO EVER AGAIN !

[ybkseraph]

I regret U.K. leaving - but it was written on the wall since the beginning and De Gaulle understood it very clearly.
There are deep fundamental reasons why the U.K. will not be an EU member state.

[Detector]

The ONLY reason N.I has access to the SM and CU is due to the GFA and to preserve peace. That situation will not be replicated anywhere. And it is too soon to determine what the relationship with Ukraine will be as the war has to end first. As of now only Switzerland has a very complicated relationship with the EU and all other nations are following set rules and treaties to have a close relationship with the EU with no exceptions.

[EllieD.Violet]

No.

1) you fail to meet 50% of the accession criteria. See the ESRI assessment published last autum - 4 CC requirements broken down in subcategories. 30 of 59 you do NOT meet.

You didn't meet criteria as member either - but retrospectively members can't be kicked out for this matter. You didn't even meet the accession criteria (different set) in 1973 - but times were different, you were given a pass because of Ireland. Alors, tempora mutantur.


2) you'd need unanimous consent from 27 national parliaments. Won't happen - many of us profit from Brexit and we're no idiots: we'll keep those profits by keeping you out.

See you in 2070. Maybe. Or not.

PS the SM *IS* indivisible. NI has solely very limited access to it because of the GFA. And that is it.

Ukraine will neither be fasttracked (Scholz, Rutte, others) nor will it be permitted to 'cherrypick'. As official candidate Ukraine will have, like other candidates, *some* preferential access to the SM - and that's about it. Again.

Reminder: even IF the EU permitted cherrypicking to one candidate (one doesn't, though, hypothetical scenario): little brexitannia wouldn't be granted the same favours.

Sorry, Mrs Barnard: you're either victim of typical British sense of entitlement or simply lack basic knowledge. Not sure which one is worse. You might suffer from both.

Greetings from Bavaria

[spilln]

Cherry pick is a the wrong word, because all charters must be fulfilled at the end ! ! Cherry pick is you only want some and not the rest and that is not a option for the EU!

[martinbennett]

From the EU side, I am puzzled by the unbacked assertion that there is no desire in the EU to have the UK back as a member. Certainly no one is begging the UK to come back but unlike the situation in the UK, I do not see much hostility. Actually, with the possible exception of Hungary, only because it is making a habit of being awkward, I do not see any government of an EU state that would block the UK at the outset. In fact I would it to be fairly easy to achieve candidate status. It is in the ensuing stages where difficulties and delay are likely.

I would not be so sure that the accession criteria would be as plain sailing as Catherine Bernard seems to think. There are issues of separation of powers, even of stability that could retard the process. Starting the process would be a lot easier than completing it.

[georgebetrian]

The "cherry picking" for Ukraine doesn't mean that it will be allowed for other countries. Ukraine is looking for to be fully integrated inside EU, not to remain in a cherry picking situation has UK wanted in the past. And I'm quite confidence that the "cherry picking" granted for Ukraine will have temporary nature, based on the integration progress.

[Daddyclive]

Dream on. The UK cannot/will not rejoin the current EU setup, 1. France would veto it 2. The people of the UK would vote against it. 3. UK joining the Trans-Pacific trading group also makes it very doubtful. The EU could become more democratic and the UK joins a reformed EEC again, that will work.