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The British government reiterated on Thursday its intention to maintain the bill that invalidates certain clauses of the Brexit agreement, rejecting the ultimatum from Brussels that calls for a setback until the end of the month.
Council of Ministers Minister Michael Gove said he delivered the message at an extraordinary meeting in London today of the EU-UK Joint Committee with the Vice President of the European Commission responsible for Interinstitutional Relations, Maros Sefcovic.
“I explained to Vice President Sefcovic that we could not and would not, and instead emphasized the vital importance of reaching agreement through the Joint Committee on these important issues. I made it perfectly clear that we would not withdraw the legislation, “he said in statements broadcast by Sky News.
Gove reiterated London’s determination to implement the United Kingdom’s Withdrawal Agreement from the European Union (EU) and the Northern Ireland Protocol, but Brussels fears that the commitments made by Prime Minister Boris Johnson are at risk.
At issue is a proposed UK internal market law published on Wednesday, against which the European Commission threatened legal action, warning that “violation of the terms of the Withdrawal Agreement would violate international law, undermine confidence and it would jeopardize future ongoing negotiations on relations.
In a statement, Sefcovic said that he told Gove “unequivocally, that the timely and full implementation of the Withdrawal Agreement, including the protocol on Ireland and Northern Ireland […] it is a legal obligation. The EU hopes that the commitment and spirit of this agreement will be fully respected ”and expects a setback at the end of the month.
The “internal market” bill is contrary to parts of the Withdrawal Agreement, as it does not apply EU law should negotiations for a post-Brexit trade deal fail on issues such as export declarations, support state and customs controls. relatively involving Northern Ireland.
The Withdrawal Agreement and the Northern Ireland Protocol were drafted with the aim of protecting the peace process in Northern Ireland, avoiding the need for a physical border between British territory and EU member Ireland, so any control Customs would have to be done between Northern Ireland and the rest of the UK, which are separated by the Irish Sea.
The British Government maintains that the proposed legislation is a “safety net” in case a trade agreement is not understood to solve legal problems and avoid “creating new barriers to trade between different parts of the UK, unnecessary bureaucracy for additional costs for the consumers “.
The British Parliament can pass the government bill, which violates parts of the UK’s European Union (EU) withdrawal agreement, without committing an illegality, according to a legal opinion published Thursday.
The text, published on the government website, says that “it is an established principle of international law that a State is obliged to comply in good faith with its obligations under a treaty. This is, and will continue to be, the key principle of the UK’s approach to international relations ”.
However, he adds, “in the difficult and extremely exceptional circumstances in which we find ourselves, it is important to remember the fundamental principle of parliamentary sovereignty.”
Parliament is sovereign over national laws and can pass laws that violate UK treaty obligations. Parliament would not act unconstitutionally by enacting such legislation, ”he says.
The opinion invokes a decision of the Supreme Court in 2017 on the denunciation of Article 50 of the European Treaty to formalize the request to leave the EU after the Brexit referendum, and that forced the British government to take the matter to a vote in parliament.
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