Withdrawal Agreement Index

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December 21, 2020

If the EP approves the agreement by a simple majority, it will have to be adopted by the EU by the overqualified majority of the European Council of the remaining 27 Member States (20 from the other EU-27 representing 65% of the EU-27 population). The citizens` rights provisions were agreed by the UK and the EU in the draft withdrawal agreement in March 2018. There are no substantial changes or additions, except in the rights provisions of nationals of Iceland, Liechtenstein, Norway and Switzerland. On the European Union side, the European Parliament also approved the ratification of the agreement on 29 January 2020[40] and the Council of the European Union approved the conclusion of the agreement by e-mail on 30 January 2020. [42] That is why, on 30 January 2020, the European Union also tabled its instrument for ratification of the agreement, concluding the agreement[43] and allowing it to enter into force on the date of the UK`s withdrawal from the EU on 31 January 2020, at 11 .m GMT. The British Parliament must proceed with two authorisation procedures before the UK can ratify the withdrawal agreement. Both the EU Law (Withdrawal Act 2018) and the Constitutional Reform Act 2010 and the Governance Act (CRAG) are obstacles to the UK`s ability to ratify the negotiated agreement. The Withdrawal Act also provides for parliamentary procedure in the event of a rejection of an agreement by the House of Commons or if a negotiated agreement is ever reached. The declaration on the future relationship between the European Union and the United Kingdom, also known as the Political Declaration, is a non-binding declaration, negotiated and signed at the same time as the mandatory and broader withdrawal agreement on the uk`s withdrawal from the European Union (EU), known as Brexit, and the planned end of the transition period. Under the backstop, the UK will form a customs union with the EU (with the exception of trade in fisheries and aquaculture products, which is expected to be the subject of a new agreement on fishing opportunities by 1 July 2020). The UK will comply with specific EU customs legislation, including for third countries, and some harmonisation of tax, environmental, labour law, state aid, competition and public enterprise/monopoly legislation will continue, but without any obligation to follow the new EU legislation and ECJ jurisprudence. In order to create a level playing field, the UK is committed not to competitiveise EU environmental protection, social and labour standards, state aid and competition, as well as state-owned enterprises in tax management.

The NI protocol, known as “backstop,” is supposed to be temporary and applies unless it is replaced by a future relationship agreement that the parties will attempt to reach by December 31, 2020. The protocol provides that the common travel area and North-South cooperation will continue to a large extent as they do today, as well as the internal electricity market (so that some EU legislation on wholesale electricity markets will continue to apply). After an unprecedented vote on 4 December 2018, MEPs ruled that the UK government was not respecting Parliament because it refused to give Parliament full legal advice on the consequences of its proposed withdrawal terms. [29] The focus of the consultation was on the legal effect of the “backstop” agreement for Northern Ireland, the Republic of Ireland and the rest of the United Kingdom with regard to the customs border between the EU and the United Kingdom and its consequences on the Good Friday agreement which ended the unrest in Northern Ireland, including whether the UK would be assured, in accordance with the proposals, of being able to leave the EU in a practical sense.

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