With the CJEU in recess, it has been a quiet summer in terms of court judgments. Not so, of course, so far as Brexit negotiations are concerned. In general, I have tried to steer clear of the whole Brexit discussion, but as the dust begins to settle slightly it seems reasonable to consider some of the issues that are emerging.
The biggest difficulty with the tone of discussion is that it largely proceeds on the basis of a set of oversimplified assumptions. Take for instance the debate about ‘the single market’ and ‘the customs union’, as if these were separate and clearly defined things. They are not. Within the EU, the ‘customs u...
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