Q: What will be the status of the United Kingdom during the transition period?
The United Kingdom will no longer be a Member State of the European Union and of the European Atomic Energy Community as of 1-Feburayr-2020. As a third country, it will no longer participate in the EU’s decision-making processes. In particular it will no longer participate in the EU institutions (such as the European Parliament and the Council), EU agencies, offices or other bodies.
However, all institutions, bodies, offices and agencies of the European Union continue to hold the powers conferred upon them by EU law in relation to the UK and to natural and legal persons residing or established in the UK through the transition period.
The Court of Justice of the European Union continues to have jurisdiction over the UK during the transition period. This also applies to the interpretation and implementation of the Withdrawal Agreement.
All EU law, across all policy areas, will still be applicable to and in the UK, with the exception of provisions of the Treaties and acts, which were not binding upon and in the UK before the entry into force of the Withdrawal Agreement. The same is true for acts amendment such acts.
During the transition period the UK will remain in the EU Customs Union and in the Single Market with all four freedoms, and all EU policies applying. The UK will continue to apply the EU’s Justice and Home Affairs policy. The UK may choose to exercise its right to opt-in/opt-out with regard to measures amending, replacing or building upon those EU acts the UK was bound to during its membership. The UK will be subject to the EU’s enforcement mechanisms, such as infringement procedures; and will have to respect all international agreements the EU has signed, and will not be able to apply new agreements in areas of EU exclusive competence, unless authorised to do so by the EU.
During the transition period, the UK can conclude international agreements with third countries and international organisations even in areas of EU exclusive competence, provided that these agreements do not apply during the transition period.