- 21 diciembre, 2020
- Posted by: admin-fenocol
The political declaration provides for the granting of adequacy status to the United Kingdom before the end of the transition period, until December 2020, and confirms that the European Commission will begin, as soon as possible, in accordance with the UK`s withdrawal rules, the adequacy assessment in order to understand and interpret the agreement. It is specified that they have the same legal force in the EU as in the UK. The rules have a direct effect, i.e. if they are precise and clear, they can be directly invoked by individuals before national courts. The provisions of EU law are interpreted in accordance with EU law and the practice of the European Court of Justice. The full text of the agreement is here. A more detailed legal analysis of the agreement can be found in lawyer Martin Howe QC`s articles on lawyers for Britain: “The firm`s legal advice on backstop in Northern Ireland and in particular “Withdrawal Agreement: the Northern Ireland Protocol is neither a “backstop” nor a “temporary shutdown” and “political declaration does not save us from the trap of the withdrawal agreement.” The withdrawal agreement provides for a transitional period until 31 December 2020, during which time the UK will remain in the internal market, to ensure the smooth flow of trade until a long-term relationship is concluded. If no agreement is reached by then, the UK will leave the single market without a trade deal on 1 January 2021. The withdrawal agreement is closely linked to a non-binding political declaration on future relations between the EU and the UK. The Northern Ireland Protocol, known as the Irish Backstop, was an annex to the November 2018 draft agreement outlining provisions to avoid a hard border in Ireland after the UK`s withdrawal from the European Union. The protocol provided for a provision of the safety net to deal with the circumstances in which satisfactory alternative arrangements were to come into force at the end of the transition period. This project has been replaced by a new protocol that will be described as follows. The United Kingdom has opted for a regime that requires EU citizens to apply for a new resident status known as “settled” or “pre-settled.” It is not yet clear whether each EU-27 will exercise its discretion under the withdrawal agreement to force British residents to apply for a new resident status.
The government has pledged to vote on a resolution in both houses of Parliament before the Edo-Speaker votes, where each parliament is asked to approve the withdrawal agreement. So far, the British Parliament had had two “wise votes” but had not approved the November 2018 withdrawal agreement, despite assurances from the EU in January 2019 that the backstop should not be permanent and other interpretations and clarifications in March 2019. The Strasbourg clarification package and the Attorney General`s opinion will be discussed in the Commons Briefing Paper 8525 The Strasbourg package, 13 March 2019. The agreement covers issues such as money, citizens` rights, border agreements and dispute resolution. It also includes a transition period and an overview of the future relationship between the UK and the EU. It was published on 14 November 2018 and was the result of the Brexit negotiations. The agreement was approved by the heads of state and government of the other 27 EU countries and by the British government led by Prime Minister Theresa May, but it faced opposition from the British Parliament, which needed approval for ratification. The approval of the European Parliament would also have been necessary. On January 15, 2019, the House of Commons rejected the withdrawal agreement by 432 votes to 202.  The House of Commons again rejected the agreement by 391 votes to 242 on 12 March 2019 and rejected it a third time, on 29 March 2019, by 344 votes to 286. On 22 October 2019, the revised withdrawal agreement negotiated by Boris Johnson`s government approved the first phase in Parliament, but Johnson halted the legislative process when the accelerated approval programme did not receive the necessary support and announced his intention to pre-