The concept of a treaty goes directly against the notion of Brexiteer sovereignty. If a contract is designed to control the behaviour of its signatories, none of them can unilaterally overthrow it. Like any contract, it must be amended by mutual agreement. So what is the meaning of signing an agreement with a country that feels free to turn away from it? This means that the UK will be required to implement EU sanctions agreed during the transition period and to support the EU`s agreed foreign policy positions. However, government statements made since leaving the EU have indicated that it does not want a future institutionalised relationship between the UK and the EU in foreign affairs and defence. Instead, the government seems to prefer a flexible ad hoc approach. On 23 June 2016, the UK voted in a referendum to leave the EU. On 29 March 2017, Theresa May, then Prime Minister of the United Kingdom, wrote to european Council President Donald Tusk triggering Article 50 of the Treaty on European Union, triggering the process for a member state to leave the EU. The Article 50 procedure provides for a two-year period for the negotiation of a withdrawal agreement which should take into account future relations between the EU and the outgoing Member State.
At the request of the United Kingdom, the Article 50 deadline was finally extended until 31 January 2020. On 17 October 2019, the EU and the UK agreed on the text of a withdrawal agreement, which was unanimously approved by the European Council. The withdrawal agreement provides for the rapid implementation of a foreign and defence policy agreement if the UK and the EU so choose. In its adopted negotiating mandate, the EU also makes it clear that it now considers each partnership agreement to be a `single package`. Foreign policy and defence will be one of the three main components. However, the EU`s negotiating mandate indicates that, where appropriate, « structured consultations » on the CFSP and the CFSP could be conducted before the end of the transitional period. The Common Foreign and Security Policy (CFSP) and the EU`s Common Security and Defence Policy (ESDP) were defined by the 1992 Maastricht Treaty. The UK has been an important player in influencing the EU`s approach to foreign policy crises. At the same time, the UK vetoed when the EU`s ambitions, particularly in defence cooperation, threatened to deviate from British interests. In view of the end of the transitional period, the Directorate of the Federal Civil Service Protocol for Foreign Affairs, Foreign Trade and Development Cooperation wishes to provide holders with special residence permits with the following information on the consequences of the UK`s withdrawal on their right of residence: the right to issue and hold a special residence permit does not depend on the nationality of the holders. , but their function or family status.
As long as a person is employed by an international organization, consulate or diplomatic representation, that person, as well as family members, are entitled to a special residence permit for the duration of the function, whether or not the United Kingdom is a member of the European Union. The UK`s exit from the European Union has led to a comprehensive recalibration of contractual relations. As a result of the withdrawal agreement and its transitional period, the United Kingdom is expanding its international contractual agreements by gradually exempting it from the constraints of EU law. Current practice shows the creation of many new international legal instruments through which governments have attempted to address the unprecedented issues raised by Brexit for international treaty law. The EU has long believed that the UK, as a third country, cannot enjoy the same rights and benefits as an EU member state.