Jersey is a self-governing parliamentary democracy under a constitutional monarchy, with its own financial, legal and judicial systems,[1] and the power of self-determination,[2] which has relations with other countries, territories and international organisations.
Diplomatic representation is officially reserved to the Crown and relations are conducted by Her Majesty's Government on behalf of the island (however only with its prior consultation).
[6] Jersey is a member of the British-Irish Council, the Commonwealth Parliamentary Association and the Assemblée parlementaire de la Francophonie.
[7] In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement[4] that established a framework for the development of the international identity of Jersey.
[11] Since 2011 the government of Jersey has sent representatives to the main party conferences of the United Kingdom, its "most significant economic partner", as part of a commitment to enhancing political engagement with the UK.
There is a common external tariff, and the UK negotiates free trade agreements for Jersey on behalf of its government.
[15][16] In July 2005, the Policy and Resources Committee of the States of Jersey established the Constitutional Review Group, chaired by Sir Philip Bailhache, with terms of reference "to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State".
On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island's formal relationship with the United Kingdom and/or European Union".
[2] In June 2018, during the UK's Brexit negotiations, former External Relations Minister Sir Philip Bailhache said Jersey was not faced by the decision of independence right now and "We are a long way from that at the present time", but that depending on the outcome of Brexit for Jersey, Independence from the UK 'may be the only option' left to the island.
[23] Senator Gorst, the External Relations minister said in 2019, ‘A confederation would make the islands stronger when working together on issues that affect us all ...
[29] This was the first time all three Crown dependencies had established such mutual agreements which also included provision for exchange of tax information equivalent to TIEAs.
[30] The three crown dependencies, while independent, share a relatively similar position with respect to the United Kingdom and with international bodies such as the EU or the OECD.
[32][33] The heads of government of the crown dependencies, including Isle of Man, Guernsey, Alderney, Sark, and Jersey, meet at an annual inter-island summit, to discuss matters of common concern, such as financial regulation and relations with the UK.
Its stated aim is to "promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands".
[39] Tax information exchange agreements (TIEAs) have been signed directly by the island with several countries, including: the United States of America (2002); the Netherlands (2007); Denmark, the Faroes, Finland, Greenland, Iceland, Sweden and Norway (2008); the United Kingdom, France, Australia and New Zealand (2009); Portugal (2010); People's Republic of China, Turkey, Mexico, Canada, Indonesia, Czech Republic, South Africa, Argentina, and India (2011);[40] Brazil and Latvia (2013).
Goods exported from the island into Europe are not subject to tariffs and Jersey is solely responsible for management of its territorial waters.
Although there is no provision for services, the External Relations Minister Ian Gorst is confident it is compatible with pre-existing relationship.
[45][46] Jersey and Guernsey jointly opened an office in Brussels in 2010 to promote their common interests with European Union institutions.
[47] Jersey is particularly concerned about European Union legislation and reforms that may affect its trading partners in international financial centres round the world.
[46] Jersey maintains the Bureau des Iles Anglo-Normandes in Caen, France, a permanent non-diplomatic representation.
The common customs tariff, levies and other agricultural import measures applied to trade between the island and non-Member States.
It was not required to implement EU Directives on such matters as movement of capital, company law or money laundering.
The Commission's position on the relationship was stated clearly in a reply by Commissioner Prodi in 2003 to a European Parliamentary question.
[citation needed] He confirmed that Jersey was within the European Union to the extent that the United Kingdom was responsible for its external relationships, and evoked the Treaties and the arrangements within the Protocol.
To infer, as the French Ambassador and finance minister had attempted to argue, namely that the island is outside the European Union and Communities without qualification is therefore simplistic, in law false.
[57] They had 'Islander status' and their Jersey-issued British passports were endorsed with the words the holder is not entitled to benefit from EU provisions relating to employment or establishment.
It may not have needed a Treaty change to perfect this, merely a preliminary ruling from the CJEU, and supplementary implementation measures from the council, given the effective right of entrance and residence granted to EU nationals via Article 4 of the Protocol.