The European Commission initiates legal action against the United Kingdom for the internal market bill

THE EUROPEAN COMMISSION has taken legal action against the UK government over national legislation threatening to overwrite parts of the Brexit Withdrawal Agreement.

In a statement issued this morning, the president of the European Commission, Ursula von der Leyen, said that the bill violated the “good faith” provisions of the Withdrawal Agreement (Article 5), and that it would be “in total contradiction” and would “flagrantly violate” the Northern Ireland Protocol.

The European Commission said that representatives of the UK government have recognized this violation and that their purpose was to allow it to deviate “permanently” from its obligations under the Protocol on Northern Ireland.

A formal notification letter has been sent to the UK government, marking the beginning of a formal infringement process against the UK. You have one month to respond to today’s letter.

The legislation in question, the Internal Market Bill, threatens to overwrite elements of the Withdrawal Agreement and give a British minister unilateral power to allocate state aid to companies in Northern Ireland and decide which goods need customs declarations.

As part of the Withdrawal Agreement, the European Union must be consulted on these two issues to ensure that there is no firm border on the island of Ireland.

Northern Ireland Secretary Brandon Lewis admitted in the House of Commons that the bill “violates international law in a very specific and limited way.” British Prime Minister Boris Johnson said the bill would only be used as a “safety net” if the EU did not act in good faith.

Talking to TheJournal.ie Earlier this week, Fine Gael TD Neale Richmond said the EU will seek “all legal options” if necessary.

“The EU can go after and win a legal challenge, but the EU is not talking about it because we don’t need two loaded revolvers on the table.”

Reacting to today’s news, Richmond He said that the infringement action was “regrettable but inevitable”, and that international responsibilities “are binding”.

The Withdrawal Agreement establishes that during the transition period (January 31 – December 31, 2020), the Court of Justice of the European Union has jurisdiction in relation to the United Kingdom, as well as over how the Withdrawal Agreement.