ABSTRACT

Many commentators compare Brexit to accession negotiations in reverse. Whereas this notion may be true in reference to the departure from Treaty freedoms and the single market, it does not really illustrate the complexity of post-Brexit air law issues. Given the scale of the Brexit complications in aviation, it would probably be valid to consider if this process may be reversed. Notwithstanding legal matters, Brexit reversal seems unlikely from a political standpoint, at least without a change of government or a second referendum in the UK. There are some purely political convictions in the UK and on the continent which seem to preclude a far-reaching post-Brexit aviation deal. On the one hand, there is the British objection to any kind of scrutiny by the Court of Justice, even in technical matters such as aviation safety. The Brexit negotiators face a very hard task of setting aside economic particularisms and overcoming political obstacles.