Free Movement of People and the Brexit - PDF

ASSESSMENT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Explaining impact on workers right.................................................................................................3
Introduction............................................................................................................................3
Explanation.............................................................................................................................4
Conclusion..............................................................................................................................6
Explaining the impact on free movement of people and trade........................................................6
Introduction............................................................................................................................6
Explanation.............................................................................................................................6
Conclusion..............................................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
For the first time in 40 years, UK economy will have to renegotiate its relationship with
trade and economy with its largest trading partner. It is because of the impact which has
developed after the announcement of Brexit in UK's economy. This report will articulate the
possible impact of the result of referendum which took place on 23rd June 2016 in UK. On this
day, a deal has been signed by the PM of both the countries regarding reformed EU in order to
develop free trade agreement. Thus, in this report analysis will be developed on impact on
workers right with the impact on free movement of people and trade.
MAIN BODY
Explaining impact on workers right
Introduction
From the cornerstone of arguments it can be said that UK membership of EU guarantees
to protect the worker's right. However, it is true that in UK, so many worker's right are
underpinned because of EU rules and if UK will leave EU it leads to risking so many things.
Thus, the articulation will be provided on impact of referendum on worker's right.
Under Article 9 of the Treaty of European Union and Article 20 of the Treaty on the
Function of European Union1, every person holding the nationality of a member of state is a
citizen of Union. Once the UK has left the EU “Brexit” a decision on acquire rights of British
national’s residence in member States, and of EU citizens living in the UK, has to be made.
EU Law also creates a number of individual rights directly enforceable of the Court of Justice of
European Union in Van Gend & Loss.
For as long as the UK remains a member state of the European Union, it is subject to law
guaranteed EU citizens the right to free movement throughout the Union. British citizen will
continue to enjoy EU citizenship until the UK exit the EU. Free movement is central to the
concept of EU citizenship and it is a right enjoyed by all citizens of the Union. The largest
1
? The Treaty on European Union Article 20,
http://www.europarl.europa.eu/factsheets/en/sheet/145/the-citizens-of-the-union-and-their-rights
4

available data suggest that in 2015 there were around 1.2 million British citizen living in other
EU countries, compared with around 3.2 million EU citizen living in the UK2.
Explanation
In order to help economic co-operation and trade, many entities have review the impact
of leaving EU may affect its business operations3. It is clearly analysed that current UK
government is committed to hard Brexit because of which it is directly affecting most of the ties
with EU. However, on 23 June there was almost 52 to 48% vote generated in favour of UK to
leave the EU which clearly indicates that 37% people are in the favour of Brexit implication. The
referendum was considered as a political operation which has been conducted by the prime
minister David Cameron in accordance with growing Euro-phobia for his conservative party and
for the type of threat from the right by United Kingdom Independence party. It is also analysed
that the attempt for renegotiating the terms UK and EU relationship was an unsuccessful attempt.
In this process, most of the employees are in favour but the majority of them opposed for the
labour's right.
However, in terms of Worker's right western Europe have its diverse system of
employment right and UK is commonly known for liberal market economy. Traditionally, with
the motive of developing free collective bargaining 'Voluntarism' is mainly adopted by British
people in terms of better trade union4. This process completely helped in establishing an effective
industrial relations regime which described as 'collective laiseez-faire'. This is the only move for
which majority of union have supported for stronger legal rights for workers. Thus, when the
2
? House of Commons library.
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7871
3 McCormick, R.G., and Hyman, R., 2016. What about the workers? The implications of
Brexit for British and Euopean Labour. [Online]. Available through
<http://eprints.bbk.ac.uk/18986/3/18986.pdf>
4 Oliver, T., 2017. Fifty shades of Brexit: Britain’s EU referendum and its implications for
Europe and Britain. The International Spectator. 52(1). pp.1-11.
5

announcement has been done by EU prime minister regarding referendum, wide range of
employment issue will get analysed on EU legislation which has affected workers of British.
Thus, it is concluded that recent improvements in EU regarding the employment
protection is considered as more limited with the comparison to past and some activities have
conducted in terms of reducing existing settlement. It indicates that the overall contribution
regarding employment right of EU to workforce of UK is substantial5. Gains which have been
achieved by the UK workers with the membership of EU indicates that there are more improved
holidays with more improved access to paid annual holidays, improved health and provisions,
right to unpaid parental leave, right to time off work for family reasons which are urjent, equal
treatment rights for part-time, fixed term and agency workers, significant health and safety
protections for workers which indicates more gains to UK workers. Moreover, it is also indicates
that to remain under the European union provides a significant opportunity in terms of better
employment rights for the working people.
One of the key demand propound by Cameron government in the negotiation of pre-
referendum is regarding reduction in regulatory burdens in context with employment protections.
During this campaign, it is analysed by members who are a leading supporter of Brexit that it
will reduce rights of workers. With the development of referendum, TUC campaigned developed
a slogan that “working people must not have to pay the price of Brexit”. It means that workers
needs to be completely separated from economic consequences happening between both the
countries and any attempt which reduce right of employment must not be resist6. Main motive of
government is to safe worker's right because that rights are won by trade unionists and which is
not gifted by Brussels. In terms of this, it is clearly viewed that UK government need to develop
strong regulations for the worker's right which enhance people to not leave UK in terms of their
job safety. It is because a more realistic perspective have been set up by European parliament
under which proper employment rights with more paid holidays, access to annual paid holidays
5 Butler, G., Jensen, M.D. and Snaith, H., 2016. ‘Slow change may pull us apart’: debating
a British exit from the European Union. Journal of European Public Policy. 23(9). pp.1278-
1284.
6 Shackleton, M., 2016. Britain in Brussels after the Referendum: Insider or
Outsider?. Journal of Contemporary European Research. 12(4).
6

will get initiated which however motivates people to leave the UK and to work with European
Union.
Conclusion
It is finally concluded that European employers are more benefited with the development
of Brexit in order to press for reducing employment rights and regarding to this UK government
in single market does indeed attempted to undermine the protection of its employees which are
working in the industries of UK7. It indicates a positive impact on the worker's of Europe and
less impact on the worker's of UK.
Explaining the impact on free movement of people and trade
Introduction
It can be said that, UK would be expected to contribute finally to EU by reducing the
social and economic disparities. Through Referendum, it has been detremined that UK citizen
would not need visas to go to EU and same for the citizens of EU as well. Thus, here articulation
will be provided on impact of referendum on free movement of people and trade.
Explanation
It has been articulated that in the debate of referendum, the most debatable topic was
migration and which is considered as central issue in development of Brexit. The two dominant
reason found that people who are a leave voters in their decision have mentioned that the
principle decisions about UK must be taken in UK and for UK to take the control over
immigration and its own borders8. The main factor which divide leave and remain voters is their
perspective and attitude in accordance with the age and social class. It is analysed through the
one pole that people have accepted immigration which is usually valuable in terms of British
social and economic life. Such people are in favour of pragmatic and broadly liberal policy
framework. Other than this, half of the population are not in favour of liberal policy in which
7 Oliver, T., 2016. The world after Brexit: From British referendum to global
adventure. International Politics. 53(6). pp.689-707.
8 Sottilotta, C.E., 2017. The Strategic Use of Government-Sponsored Referendums in
Contemporary Europe: Issues and Implications. Journal of Contemporary European
Research. 13(4).
7

they oppose all forms of immigration because they see it as economically and socially cost to
country.
During this process, UK was the only member who is allowing immediate free movement
of labour from the countries of both Central and Eastern Europe which have joined the Europe in
2004. Thus, it is been analysed that the result of referendum has little impact on the migration
pattern which is also with such few signs in order to enjoy the free movement between EU and
UK9. However, some economists have said that it less for the people who will leave in EU where
they will less willing to move or to remain in UK because of consequences of which is perceived
to be a less welcoming and securing climate10. This will clearly show if overseas occurred firm
close will mainly reduce their operations with the UK which will cause a fall in net immigration.
Home secretary of strongly advocate by saying that they are leaving the EU for giving up a
control of immigration again but in return David Davis who was in charge of Brexit negotiation
have said that it is necessary to ensure key sectors will not get affected with the development of
Brexit because it will result in causing huge labour shortage in both the countries. Government of
UK address to people who are nationalist of EU to receive residence right of UK in order to
become the part of negotiation11. In return, other EU members insists that they will only
negotiate collectively and this will also be not do until article 50 activated. The hard line of
British government, result in weak bargaining position because of which no satisfactorily
outcomes get appeared.
IN accordance with the European trade union, it is impossible for UK to retain the access
of single market without providing their acceptance for free trade movement. In nutshell, the
meeting which was conducted in London in July 2016 indicates that ETUC agreed to reaffirm
that there will not be full access to UK regarding single market if they will not apply 4 freedoms
which linked to it which is particularly for free movement of trade and people. However, the
result appear where UK government state that they are giving right to EU citizens to live and
work in UK as it will be plain immoral and inhuman to keep them in limbo. In regards with this
9 Eleftheriadis, P and et.al., 2016. Legal aspects of withdrawal from the EU: A briefing
note.
10 What effect would Brexit have on free movement. 2018. [Online]. Available through
<https://ukandeu.ac.uk/fact-figures/what-effect-would-brexit-have-on-free-movement/>
11 Davies, B., 2016. The EU Referendum: Who Were the British People?. King's Law
Journal. 27(3). pp.323-332.
8

UK government agrees to leave such people in country12. In return UK also demanded from EU
government to give the rights to people who are working their regarding right to remain where
they are. TUC campaign have said that the principle of free trade movement was unrealistic and
this will impact on future. The trade union member are in support of Brexit which is only
because of the concern over immigration. However, the priority has already been given to the
rights of worker of WU already there. It is been analysed already in months following the
referendum, the TUC have found that there was uncertainty which was causing a number of
firms to stop their investment in UK and in some cases it is resulting in freezing wages of
workers. This indicates a downfall in world trade because of which serious causes identified with
the fear of job losses and plant closures.
Conclusion
From the above report it can be concluded that free movement was one of the important
issue and after referendum people have accepted immigration which is usually valuable in terms
of British social and economic life. Thus, it is been analysed that the result of referendum has
little impact on the migration pattern which is also with such few signs in order to enjoy the free
movement between EU and UK.
In accordance with the current information where 1.2 million British citizens were living in
EU countries in 2015 similarly, 3.2 million EU citizens were in UK. However, it has been
estimated here that the changes incurred in these countries after the Brexit which would have
negative impact on trade practices, employment rates as well as taxation agreements.
CONCLUSION
From the above report, it can be concluded that Brexit will have an uneven economic
impact in the EU. It is been analysed that potentially new divisions emerge in terms of Brexit
which has some serious implications in the role of trade union within EU by UK. There is
necessary to develop cross-national corporation rather than competition for saving the job and
rights of people who are living and working in both the countries.
12 Trade after Brexit. 2017. [Online]. Available through
<https://www.instituteforgovernment.org.uk/sites/default/files/publications/IFGJ5896-
Brexit-Report-171214-final_0.pdf>
9

REFERENCES
Books and Journals
Butler, G., Jensen, M.D. and Snaith, H., 2016. ‘Slow change may pull us apart’: debating a
British exit from the European Union. Journal of European Public Policy. 23(9). pp.1278-
1284.
Davies, B., 2016. The EU Referendum: Who Were the British People?. King's Law
Journal. 27(3). pp.323-332.
Eleftheriadis, P and et.al., 2016. Legal aspects of withdrawal from the EU: A briefing note.
Oliver, T., 2016. The world after Brexit: From British referendum to global
adventure. International Politics. 53(6). pp.689-707.
Oliver, T., 2017. Fifty shades of Brexit: Britain’s EU referendum and its implications for Europe
and Britain. The International Spectator. 52(1). pp.1-11.
Shackleton, M., 2016. Britain in Brussels after the Referendum: Insider or Outsider?. Journal of
Contemporary European Research. 12(4).
Sottilotta, C.E., 2017. The Strategic Use of Government-Sponsored Referendums in
Contemporary Europe: Issues and Implications. Journal of Contemporary European
Research. 13(4).
Online
McCormick, R.G., and Hyman, R., 2016. What about the workers? The implications of Brexit for
British and Euopean Labour. [Online]. Available through
<http://eprints.bbk.ac.uk/18986/3/18986.pdf>
Trade after Brexit. 2017. [Online]. Available through
<https://www.instituteforgovernment.org.uk/sites/default/files/publications/IFGJ5896-
Brexit-Report-171214-final_0.pdf>
What effect would Brexit have on free movement. 2018. [Online]. Available through
<https://ukandeu.ac.uk/fact-figures/what-effect-would-brexit-have-on-free-movement/>
10