Spanish socio-labour measures to adapt to the situation of the United Kingdom as a third country after Brexit. Commentary on Royal Decree-Law 38/2020, of 29 December

Abstract

The entry into force of the Withdrawal Agreement on 31 January 2020 means that EU law ceases to apply to the UK –and therefore to Gibraltar– losing its status as an EU Member State and becoming a third country. The Withdrawal Agreement initiated a transition period until 31 December 2020, during which, in parallel, the EU and the UK were negotiating their future relations. Uncertainty about the results of this negotiation process and the awareness that Brexit would entail major changes and problems in many areas as of 1 January 2021, led Spain to approve Royal Decree-Law 38/2020 establishing the appropriate measures for the adaptation to the UK’s status as a third state. This regulation, which coincided in time with the signing of the Trade and Cooperation Agreement between the EU and the UK, is the subject of analysis in this article, in particular the social, labour and social security measures, considered in such a unique context that goes beyond the regulation itself.