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19 Eur. Bus. Org. L. Rev. 1 (2018)

handle is hein.journals/eunbuioiz19 and id is 1 raw text is: 

Eur Bus Org Law Rev (2018) 19:1 34                                       CrssMark
https://doi.org/10.1007/s40804-018-0106-6
\  I 1 1 , 1 1


The   Irrelevance of Brexit for the European Financial
Market


Wolf-Georg   Ringe'2






Published online: 21 February 2018
© T.M.C. Asser Press 2018


Abstract  Among   participants in the global financial market, Brexit is commonly
painted as an almost apocalypse-like scenario. The threat of a British exit from the
European  Union  (EU)  arguably involves a significant disruption to financial inte-
gration in Europe, which  will threaten the pre-eminence  of London  as a global
financial centre, and impose significant costs on all market participants. This paper
takes a different position on the significance of Brexit for the European financial
market. It argues that, in reality, the impact of Brexit for financial services will be
minuscule, if not irrelevant. Such optimism is grounded in the economic stakes for
both sides, the United Kingdom  (UK)  and the remaining EU  countries (EU27),  in
retaining the benefits of access to the European Single Market for financial services.
Given  the joint economic interests, a likely outcome of the Brexit negotiations will
be a solution that formally satisfies the 2016 referendum result, but in substance
keeps Britain closely involved in the EU financial market. Alternatively, one should
expect an agreement  on the basis of regulatory equivalence. If an agreement is not
achieved, private solutions by market actors are likely. The paper borrows from past
examples  in EU financial market integration that saw ingenious creativity at work in
facilitating a desired outcome within  the existing convoluted legal framework.
These  past experiences lead to the prediction of a similar approach being used for
accommodating   Brexit. The  broader point is then that the EU financial services
framework  repeatedly sees a victory of politics or economics over the law-that is,
formal legal problems or structures are brushed aside when political necessities or
economic  exigencies so require.



®  Wolf-Georg Ringe
   georg.ringe@uni-hamburg.de

   Professor of Law and Director, Institute of Law and Economics, University of Hamburg,
   Hamburg, Germany
2  Visiting Professor, Faculty of Law, University of Oxford, Oxford, UK


I  Springer ' ASSER PRES;

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