Monday 4 May 2020

Breach

Just for the record, putative UK breaches of legal duties in relation to own Withdrawal Agreement so far include:

1) deliberately misrepresenting nature of UK obligations under NI Protocol = breach of Article 4(3) TEU + Articles 5 and 127 WA (esp as clarified by European Council)

2) unreasonably refusing EU request to operate premises in Belfast as required for effective implementation of UK obligations under NI Protocol = breach of Article 4(3) TEU + Article 5 WA read in the light of Article 12 IRL/NI Protocol

3) failing to notify EU of problems with "settled status" scheme, due to virus crisis, warranting automatic extension of deadline for applications = breach of Article 4(3) TEU + Article 5 WA read in light of Article 18(1)(c) WA. As far as I know: happy to be corrected if they did.

Remember: ECJ remains primary dispute settlement body for all problems arising during transition period (arbitration panels only start after end of transition). Maybe Commission should be thinking: use time to start building up caselaw on what "good faith" means for UK Agreement?

https://twitter.com/mdouganlpool/status/1257306840246829057

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