Read on Twitter
A thread on useful material explaining what our subsidy control regime currently is.
An introduction with various comments https://eurelationslaw.com/blog/synopsis-of-monckton-eurl-webinar-2-subsidy-control-law-navigating-the-new-post-state-aid-regime#more-860
A not entirely complimentary account of where the current government has left us. https://eurelationslaw.com/blog/the-uks-new-subsidy-regime-a-marsh-of-uncertainty
An account of the role of the courts in the current subsidy control regime. https://eurelationslaw.com/blog/the-role-of-domestic-courts-in-the-new-tca-subsidy-control-regime
An account of what the TCA says about subsidies. https://eurelationslaw.com/blog/the-subsidy-control-provisions-of-the-uk-eu-trade-and-cooperation-agreement-a-framework-for-a-new-uk-domestic-subsidy-regime
Where we are on Article 10 of the Ireland/NI Protocol : the joint declaration https://eurelationslaw.com/blog/the-case-of-the-unclear-clarification-statement-by-the-joint-committee-on-the-ireland-northern-ireland-protocol
... and the Commission’s approach to it. https://eurelationslaw.com/blog/eu-commission-issues-notice-to-stakeholders-on-brexit-and-state-aid
Practical advice for now in the chaos ... https://www.localgovernmentlawyer.co.uk/projects-and-regeneration/317-projects-features/46000-a-bold-new-world
Has the old State aid regime really been killed in the UK? @GoodLawProject says that it hasn’t: see its claim here https://drive.google.com/file/d/12HFRmmdMUkJdwyCRiiItOV5F4IgpDIVQ/view?usp=sharing
(Along lines run here... https://eurelationslaw.com/blog/can-the-government-abolish-the-state-aid-regime-by-secondary-legislation-should-it-do-so)
And suggestions, along lines sympathetic to the current government’s objectives, for the future ... https://uksala.org/taking-advantage-of-the-opportunity-presented-by-the-uks-new-subsidy-control-regime-by-james-webber-partner-shearman-sterling/
You’ll now have realised the error in the first tweet in the thread. The question isn’t what our subsidy control regime is; it’s what our subsidy control regimes are. For we have two: Article 3 of the TCA and Article 10 of the NIP.
Both subject to radical uncertainties, calling for resolution by the courts.
Those who voted for Brexit on the basis that it would free us from complex and obscure rules limiting government action that left too much to courts and regulators may not feel that that is quite what they expected to happen.
