Professor Catherine Barnard, Professor of European Union Law and Employment Law (Trinity College) and Senior Fellor of UK in a Changing Europe, appeared before the House of Lords European Affairs Committee earlier this week to provide expert testimony on the legal implications of dynamic alignment between UK and EU law.
The evidence session on Tuesday was part of the Committee's inquiry into the future of the UK-EU relationship. Professor Barnard provided the Committee with a comprehensive overview of how dynamic alignment - the process by which the UK might voluntarily or through treaty obligation adopt new EU rules - operates in practice across different international models.
During the session, Professor Barnard outlined a "spectrum of approaches" to alignment, ranging from the "hardcore" automatic alignment seen in the Northern Ireland Protocol and the proposed Gibraltar agreement, to more flexible arrangements such as the Swiss and EEA models. She also clarified the distinction between true dynamic alignment and the "non-regression" or "rebalancing" provisions found in the Trade and Cooperation Agreement (TCA).
"Traditionally, dynamic alignment means you are required to follow what the other party tells you to do in perpetuity" Professor Barnard told the Committee. She highlighted the complexities of maintaining a "duty of homogeneity" in judicial interpretation, noting the challenges faced by courts in Norway, Iceland, and Liechtenstein in following the case law of the Court of Justice of the European Union.
The Faculty continues to lead the way in providing rigorous academic analysis of the post-Brexit legal landscape. Professor Barnard's contribution to this inquiry ensures that parliamentary scrutiny of the UK's evolving legal framework is informed by world-class expertise.
A full transcript and video recording of the evidence session can be found on the UK Parliament website.