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The European Union has told the British government that it can take legal action if it does not reverse plans to introduce a bill that would violate international law by invalidating parts of the Withdrawal Agreement designed to avoid a border through the island of Ireland.
The British government’s plan undermines trust, puts negotiations to reach an agreement, a future relationship in question and puts the Good Friday Agreement at risk, the EU executive body said after an emergency meeting of the EU-joint committee. United Kingdom that is dedicated to enactment of the deal.
The EU co-chair of the joint committee, Maroš Šefèoviè, told his counterpart, British Cabinet Minister Michael Gove, that if the bill were adopted “it would constitute an extremely serious violation of the Withdrawal Agreement and international law”, according to the EU declaration.
Mr. Šefèoviè “reminded the UK government that the Withdrawal Agreement contains a series of legal mechanisms and remedies to address violations of legal obligations contained in the text, which the European Union will not hesitate to use,” the commission warned. .
The Withdrawal Agreement was signed by Prime Minister Boris Johnson and approved in the Westminster Parliament last year after difficult negotiations with the EU.
“Violating the terms of the Withdrawal Agreement would violate international law, undermine confidence, and jeopardize ongoing future negotiations,” the commissions said.
He also rejected Britain’s claims that the new bill was necessary to protect peace in the North. “The EU does not accept the argument that the aim of the bill is to protect the Good Friday Agreement (Belfast). In fact, she thinks she does the opposite, ”the statement said.
“By introducing this bill, the UK has seriously damaged trust between the EU and the UK. It is now up to the UK government to restore that trust. “The bill, if adopted in its current form, would be in” clear violation “of the Withdrawal Agreement protocols on customs and state aid, and the government Britain would also “violate the obligation of good faith” according to the EU.
UK legal position
Publishing its legal position on the violation of international law on Thursday afternoon, the British government said that Parliament would not act “unconstitutionally” by enacting the UK Internal Market Act.
“It is an established principle of international law that a state is obliged to comply in good faith with its obligations under the treaty. This is, and will continue to be, the key principle in informing the UK’s approach to international relations.
“However, in the difficult and extremely exceptional circumstances in which we find ourselves, it is important to remember the fundamental principle of parliamentary sovereignty.”
He said Parliament is “sovereign as a matter of domestic law and can pass legislation that violates UK treaty obligations” and “would not act unconstitutionally in enacting such legislation.”
The statement continues: “The legislation implementing the Withdrawal Agreement, including the Northern Ireland Protocol, is expressly subject to the principle of parliamentary sovereignty.
“The ability of Parliament to pass provisions prevailing over the Withdrawal Agreement was expressly confirmed in article 38 of the European Union Law 2020 (Withdrawal Agreement), with a specific reference to the concept of ‘direct effect’ of the EU legislation “.
‘Not optimistic’
Earlier on Thursday, Taoiseach Micheál Martin said he is not optimistic about the possibility of a deal being reached between the UK and the European Union and acknowledged that the government is preparing for the prospect of a no-deal Brexit.
“Confidence has been eroded,” Martin said Thursday as the EU and the UK prepared for emergency talks on the implementation of the Withdrawal Agreement, under which the UK will leave the EU.
Relations between the EU and the UK fell to their worst level since the Brexit vote in 2016 on Wednesday, when the British government published planned legislation that will violate the withdrawal treaty signed by the two sides last year, casting doubt the future of business talks.
There were emergency contacts between EU leaders amid the development, while Mr Martin expressed the government’s concerns in a “direct” phone call with British Prime Minister Boris Johnson on Wednesday night.
When asked about the details of that call on Thursday, Mr Martin told RTÉ Radio One’s Morning Ireland: “Confidence has eroded but it made it clear to me that the UK was fully committed to meeting its obligations. protect the single market and the fluidity of trade. North and south.”
When asked how he thought Ireland could believe this statement, Mr Martin said: “The legislation goes against that.”
The controversial legislation, the UK Internal Market Bill, gives British ministers the power to decide unilaterally how parts of the Northern Ireland protocol should be implemented in the withdrawal agreement and does not apply parts of the treaty.
When asked if he believed there would be a no-deal Brexit, Martin said Ireland was “bracing for that prospect.”
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