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The Legal Status of the Agreement of the Heads of State or Government (re Brexit)

By Dr Phil Syrpis, Reader in Law (University of Bristol Law School)

© http://arthur.co.uk/

© http://arthur.co.uk/

On 19 February 2016, sometime well after breakfast, the members of the European Council reached an agreement concerning a new settlement for the United Kingdom within the EU. The Government was quick to proclaim that the UK’s ‘special status’ in ‘a reformed European Union’ amounts to ‘the best of both worlds’. David Cameron’s ‘hard-headed assessment’ is that the UK will be stronger, safer and better off by remaining inside this reformed European Union, and so he is recommending that the British people vote to ‘remain’ in the in-out referendum on 23 June.

The substance of the reforms, which focus on economic governance, competitiveness, sovereignty, and welfare and free movement, is and will continue to be much debated. This contribution instead focuses on a more technical question – the legal status of the deal – a subject which is now said to be creating ‘open warfare’ in the Tory party. Continue reading