Foreword

On 29 March 2017, the United Kingdom (UK) sent a letter to the European Council in accordance with Article 50(2) of the Treaty on European Union to withdraw from the European Union (EU).1 Gibraltar falls under the international sovereignty of the UK and will therefore leave the EU as well. The European Council adopted Draft Guidelines following the UK’s notification of departure on 29 March 2017 from the EU stating that: “no agreement between the EU and the United Kingdom may apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom.”2 As Gibraltar British nationals have the jus cogens right of self-determination, no agreement between Spain and the UK is obliged to make the agreement with the EU valid under public international law. Only the decision of the Gibraltarian British nationals has international legal value. The UK might be out of the EU in 2019 or 20233 and Gibraltar can have financial benefits for its residents and companies when the UK leaves the EU. The EU should conclude an agreement with the UK/Gibraltar to ensure the continued application by Gibraltar of the 4th Anti-Money Laundering Directive and EU Funding. Considering Gibraltar’s large approval of their relations with the EU and its right of self-determination, the UK and the EU can stimulate their financial growth by giving Gibraltar the trade freedoms it needs.