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Brexit and Aviation; an illustrative example of a post-transition future, by Christopher Muttukumaru


Fide continues to work with Cristopher Muttukumaru in analysing the progress being made by the Brexit negotiations. This time, Christopher's aim is to use aviation as an illustrative case to show how the future might be shaped




Brexit, the EU and aviation - “Up, up and away in my beautiful balloon”; or not? A song by Fifth Dimension. Photograph by Christopher Muttukumaru, Canberra, 2014.
Brexit, the EU and aviation - “Up, up and away in my beautiful balloon”; or not? A song by Fifth Dimension. Photograph by Christopher Muttukumaru, Canberra, 2014.
Fide continues to work with Cristopher Muttukumaru  in analysing the progress being made by the Brexit negotiations.

This time, Christopher's aim is to use aviation as an illustrative case to show how the future might be shaped; how the negotiating battle lines have been drawn in a legal context; what solutions there are; and whether those solutions can be reconciled with some of the UK’s and EU’s red lines. In particular, the UK’s insistence (a) on regulatory autonomy in the long term and (b) on rejecting the role of the Court of Justice in relation to interpretation of common rules governing the Aviation Single Market, seems to amount to a major stumbling block.

This presentation was the second Brexit-related presentation made at a seminar on 5 June 2018 at the FIDE Fundación. Its purpose was summarised in a Handout used by attendees [link to Aviation and Brexit handout is here ] The presentation was an illustrative analysis of how Brexit might affect future UK access to the Aviation Single Market. It is not a comprehensive survey. This presentation does not repeat points made in the first presentation on 5 June covering aspects of the draft EU/UK Withdrawal Agreement [a link to that presentation is here ].

The article can be downloaded from this link, or directly from the bottom of this paragraph.

Christopher Muttukumaru

CB, DL, barrister and a member of FIDE’s Academic Council. Muttukumaru was a member of Monckton Chambers in Gray's Inn in London from 2014 to 2018. Christopher was previously General Counsel to the UK Department for Transport where he was the Chief Legal Adviser to eight successive Secretaries of State for Transport between 2001 and 2013. As General Counsel he was also a member of the DfT Executive Board. Earlier in his career, he was Legal Director at the Department for Environment, Transport and the Regions, as well as at the Department for Culture, Media and Sport. He was the principal legal adviser on EC Law issues in the Attorney-General’s office. He has been involved in advising Ministers on Public Law issues, as well as European and International Law issues, over many years. For example, in the Attorney’s Office, he was involved in the Factortame litigation; in DfT he handled the UK Government’s application for state aid approval for the funding of Network Rail; and, as Deputy Legal Adviser at the Ministry of Defence he was a senior member of the UK diplomatic delegation which negotiated the establishment of the International Criminal Court at the United Nations. Christopher was educated at Oxford University and is a Bencher at Gray's Inn (the Governing Council of the Inn). He holds a doctorate of laws (honoris causa) from City University (part of London University). He was vice chair of the Advisory Board of the Law Faculty of City University for many years. Christopher has written extensively, and spoken in the UK and EU, about matters such as international legal cooperation and Brexit legal issues. He is a deputy to the Lord Lieutenant for Greater London. Member of Fide´s Academic Council (based in London).