The
European Union launched a legal case against the United Kingdom on Thursday for
a breach of the good faith articles in the Withdrawal Agreement. The action is
due to the UK's new Internal Market Bill that undercuts the British
government's earlier legal commitments as part of the agreement, European
Commission President Ursula von der Leyen said. London has one month in which
to respond to the formal letter of complaint submitted by the Commission. The
EU's executive branch will then assess the answer before considering further
action. If the Commission deems the response to be unsatisfactory it then has
the option of suing at the Luxembourg-based European Court of Justice. Von der
Leyen said it was "the first step in an infringement procedure." A
draft "letter of formal notice" has been finalized, meaning legal
action is imminent.
Last month
the UK government admitted that in trying to rewrite its EU divorce treaty it
would be breaking international law. Prime Minister Boris Johnson's proposed
bill would disregard parts of the accord he signed back in January. The section
of the agreement in question deals with trade between Ireland and the UK. The
EU has previously warned that the move from the UK government could have
serious consequences, and on Thursday those repercussions took a step closer to
becoming a reality.
EU launches legal action against UK over Brexit
law
The Internal Market Bill would allow London to
unilaterally alter provisions in the withdrawal treaty signed last year.
By BARBARA
MOENS AND DAVID M. HERSZENHORN 10/1/20, 11:15 AM CET Updated 10/1/20, 12:56 PM
CET
https://www.politico.eu/article/eu-launches-legal-action-against-uk-over-brexit-law/
European
Commission President Ursula von der Leyen said Thursday that the EU would begin
legal proceedings to prevent the U.K. from trying to use domestic legislation
to change aspects of the Brexit Withdrawal Agreement.
Calling the
Internal Market Bill a "breach of the obligation of good faith," von
der Leyen said the Commission would send a notification letter to the U.K.
initiating the EU's infringement process by which it seeks to enforce legal
obligations.
The bill,
approved by the House of Commons this week, would allow London to unilaterally
alter provisions in the Withdrawal Agreement, which Brussels insists has the
legal force of an international treaty and cannot be changed.
"We
had invited our British friends to remove the problematic parts of their draft
Internal Market Bill by the end of September," von der Leyen said.
"The deadline lapsed yesterday. The problematic provisions have not been
removed, therefore this morning, the Commission has decided to send a letter of
formal notice to the U.K. government. This is the first step in an infringement
procedure."
In a
pointed dig, von der Leyen said that the EU would uphold its side of accord.
"Besides this the Commission will continue to work hard towards a full and
timely implementation of the Withdrawal Agreement. We stand by our
commitments."
However,
the legal road for the EU is long and uncertain, and it’s far more likely that
the two sides would reach a political agreement before any process could be
completed in the courts. The offending bill is also not expected to complete
its passage through the U.K. parliament until at least December.
The U.K.
Internal Market Bill seeks to give the U.K. government powers to override
sections of the Withdrawal Agreement signed by the U.K. and European Union last
year. Northern Ireland Secretary Brandon Lewis admitted in the Commons last
month that this would break international law.
European
Commission Vice President Maroš Šefčovič warned this week that the EU wouldn't
hesitate to use the legal remedies in the Withdrawal Agreement against the U.K.
if it refused to remove the offending clauses in the bill. But Cabinet Office
Minister Michael Gove responded that the legislation would remain in play as it
currently stands.
But
although Brussels has insisted the Internal Market Bill has led to a serious
breach of trust in the negotiations on the future relationship, it has not
stepped away from the negotiating table. That's because it doesn’t want to get
the blame for blowing up the Brexit trade talks.
However,
the EU's chief negotiator Michel Barnier has always said that the correct
implementation of the Withdrawal Agreement is a prerequisite for agreeing on a
deal on the future relationship. So it remains to be seen what the bloc will do
if a deal is agreed but the issue of the Internal Market Bill isn’t sorted
before the end of the transition period.
In
response, a U.K. government spokesperson stuck firmly to the British position.
"We will respond to the letter in due course," the spokesperson said.
“We have clearly set out our reasons for introducing the measures related to
the Northern Ireland Protocol. We need to create a legal safety net to protect
the integrity of the U.K.’s internal market, ensure ministers can always
deliver on their obligations to Northern Ireland and protect the gains from the
peace process.”
Charlie
Cooper contributed reporting.
Authors:
Barbara
Moens and David M. Herszenhorn
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