EU expert blasts Commission for making Brexit talks ‘more complex’ and ‘adversarial’

The European commission has been accused of making Brexit negotiation “more complex” and “adversarial” than necessary by an EU legal expert.

Professor Franklin Dehousse, a respected academic and former ECJ judge, published an article on Monday that says the UK has made the “heaviest mistakes” during talks.

But he also pointed out the “multiple manifestations of strategic myopia” in the EU’s position which he said had helped leave both sides on the brink of a no deal scenario.

“They have undeniably made it much more complex,” he wrote of the EU’s approach to Brexit negotiations.

“They also nourished the feeling of an EU negative bias towards the UK in various British circles. Not only do they offer real support to the Brexiteers in the national political debate, but they increase the probability of a ‘no deal scenario.”

Dehousse’s biggest criticism of the EU comes over the issue of the Irish border backstop, which has brought negotiations to a stalemate.

EU chief Brexit negotiator Michel Barnier wants Northern Ireland to effectively remain inside the EU’s customs union and single market “unless and until” another way of avoiding a hard border in Ireland is found.

Dehousse characterised that a “drastic demand in a very tense political climate” and supported the UK government’s suggestion that the issue of the Irish border should be resolved through a trade deal that would eliminate the need for customs checks.

“The worst point of the whole exercise remains that it is in fact not necessary,” he wrote of the backstop.

“It suffices to imagine what would happen after a Withdrawal Agreement with no Northern Ireland backstop. There will be a transition period. This will allow the negotiation of a trade agreement. The threat of no deal at that level will still exist fully for the UK.

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“In that context, it is extremely difficult to imagine any UK government deciding to provoke a huge general trade disruption, all this to reintroduce customs checks at the Northern Ireland border it is anyway committed to prevent.”

Stefaan De Rynck, an EU official who is part of Barnier’s Brexit negotiating team, replied to the criticism on Twitter.

“Rather than being ‘strategically myopic’, EU principles will allow building a new strategic partnership with the UK, step-by-step including during [the] transition,” he said.

Dehousse, who is also a former special representative of Belgium to the EU, said the Commission’s focus on separation issues had “made the EU lose from sight the potential benefits of a new relationship.”

“It has artificially given an adversarial, “punishing”, nature to the whole negotiation,” he said.

The University of Liege professor concluded: “If a No Deal Brexit happens, both sides will bear the responsibility for it.

“The UK committed the heaviest mistakes, but the EU had its own. Both now need to acknowledge them, and accept the required concessions.

“Otherwise, they will provoke a huge economic damage, because last minute No Deal Brexit will be the worst scenario of all.”

The criticism of the EU made by Dehousse in an article posted on LinkedIn on Monday echoed those made by UK Brexit secretary Dominic Raab last week.

Raab told a committee of MPs than the EU had been “deliberately intransigent” during talks.

A European Commission spokesperson said: “The European Commission does not enter into any blame games. We want to reach a deal with the United Kingdom…this is what we’re working for.

“Michel Barnier, the Commission’s chief negotiator, has said that he stands ready to resume the Article 50 negotiations at any point in time.”

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