EU takes legal action against London

EU Commission Chair Ursula von der Leyen (here during a visit to Prime Minister Boris Johnson on January 8, 2020) leaves him in a legal dispute with the British government.

Peter Summers / Getty

Ursula von der Leyen announced legal action against Britain in Brussels on Thursday, just hours before the 27 EU heads of state and government met for the special summit. This means further escalation in the fight with London for a trade deal and the shape of the future relationship.

The president of the EU Commission said in a video message that the Single Market Act presented by London would “completely” contradict the exit agreement if accepted without change. Brussels and London agreed to this at the last minute in October 2019, thus defining the modalities of Brexit.

Johnson doesn’t keep his word

This Brexit deal was made possible after extremely tough negotiations, because British Prime Minister Boris Johnson relented on the Irish issue. He assured that Northern Ireland will continue to be part of the EU customs union on certain issues after the one-year transition period is over.

This eliminates the need for merchandise checks on the island between Northern Ireland, which belongs to Great Britain, and the EU member state Ireland. Many had feared that a return to this border would provoke a new outbreak of conflict between the two neighbors and endanger the peace achieved with the Good Friday Agreement.

However, in early September, Johnson introduced a single market law that explicitly states that the British government can violate certain provisions of these regulations set out in Northern Ireland in the Withdrawal Agreement or can override them. The Prime Minister states that this will allow the functioning and security of the internal market. However, it is assumed that the relevant provisions simply do not suit you and that you want, for example, the freedom to support companies in Northern Ireland and their suppliers in England with taxpayers’ money as you see fit. The exit agreement provides for certain restrictions here.

A predictable escalation

In response to this law, the EU set the UK until the end of September to eliminate the controversial tickets. Commission Vice-President Maros Sefcovic forwarded the relevant requests to the responsible British Cabinet Minister, Michael Gove, at two joint committee meetings, the most recent earlier in the week. But London did nothing of the kind, which is why the EU had been preparing the last step for some time. This is mainly demonstrated by the fact that the corresponding press release was already available in all official EU languages ​​when it was published on Thursday afternoon.

London now has a month to respond, writes the EU Commission. It considers the UK Internal Market Bill to be a breach of the duty to act in good faith set out in Article 5 of the Withdrawal Agreement. Furthermore, the law would “blatantly violate the protocol on Ireland / Northern Ireland,” the commission writes.

As a next step, the infringement procedure set out in the Brexit Agreement provides for a “reasoned opinion” from the EU if London gives a negative or unsatisfactory answer. The case could be taken to the Court of Justice of the European Communities.

A UK government spokesman said on Thursday that the letter would be answered in due course. London explained why the measures in question were being introduced. “We need a legal safety net to protect the integrity of the British domestic market,” the spokesman said. This is also to ensure that UK ministers can fulfill their obligations to Northern Ireland and that the benefits of the peace process are protected.

The chances of success of the trade agreement do not increase

Von der Leyens’ announcement overshadows the ninth and officially final round of negotiations taking place this week between EU negotiator Michel Barnier and his British counterpart David Frost. Your teams will also sit across from each other in Brussels during these hours.

However, talks are stalled and a breakthrough would be a surprise. There are still significant differences in state aid, fisheries and the future dispute settlement process. After the special summit that begins on Thursday, in which Brexit is only intended to be an information point on Friday, there will be another meeting of EU heads of state and government in mid-October. That should then be the moment of truth and show whether the EU and Britain can still unite, at least in principle.

Ireland is a woman in the US for her support

Meanwhile, the EU continues to show its muscles. Irish Foreign Minister Simon Coveney is currently in the United States to promote support for the Good Friday Agreement. Americans have already reacted negatively to the anticipated violation of international law.

The Speaker of the House of Representatives, Democrat Nancy Pelosi, had also announced that Parliament would not sign a free trade agreement with Great Britain until the Good Friday Agreement is respected. Pelosi himself has grandchildren in Ireland, announced the Irish Embassy in the United States on the short message service Twitter. Ireland has a strong lobby in the United States and does not shy away from activating these relations.