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Boris Johnson sparked outrage among European Union leaders by going ahead with the Internal Market Bill, which could overturn key elements of the Brexit Withdrawal Agreement with the EU and consequently runs the risk of violating international law . Downing Street insists that the legislation is necessary to protect the Northern Ireland peace process if Britain cannot reach a deal with the EU. The government proposes “limited clarifications” to the law to ensure that ministers can preserve the achievements of the Good Friday Agreement in the event that no agreement is reached between the two parties.
But now the European Commission has opened legal proceedings against the UK, and President Ursula von der Leyen confirmed that a “formal notification letter” would be sent after ministers rejected a demand to withdraw the provisions of the bill yesterday.
However, despite the aggressive move by the EU, a Brexit expert has explained how legal action could soon become “irrelevant”.
When asked if the move from Brussels could have immediate consequences, Professor Iain Begg of the London School of Economics told the German newspaper BILD: “No. Litigation takes so long that it is very likely to become irrelevant before it even approaches a trial.
“Therefore, the measure will probably be ignored by the British side.”
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Professor Begg also laid out the real reason why the EU took legal action against the UK government, as the argument over the internal market bill continues to boil over.
He added: “Johnson and his colleagues have said that the provisions of the bill are an emergency plan that only goes into effect if there is no agreement.
“I would similarly interpret the EU action as a measure to enforce the withdrawal agreement when things go wrong.”
But the EPP Group in the European Parliament’s Committee on Economic and Monetary Affairs (ECON) has insisted that the move to take legal action against Britain is the correct one.
READ MORE: Brexit LIVE: France rubs its hands in joy as the EU takes legal action
In a press release at the commission’s headquarters in Brussels, he said: “This bill is by its very nature a violation of the obligation of good faith set out in the Withdrawal Agreement.
“The deadline expired yesterday, the problematic provisions have not been removed, so the commission has decided this morning to send a formal notification letter to the UK government.
“This is the first step in an infringement procedure. The letter invites the UK government to send its comments within a month.”
Downing Street said the government would respond to the EU letter “in due course”.
A spokesperson said: “We have made clear our reasons for introducing the measures related to the Northern Ireland protocol.
“We need to create a legal safety net to protect the integrity of the UK internal market, ensure that ministers can always fulfill their obligations to Northern Ireland and protect the achievements of the peace process.
Despite EU legal action, Downing Street insisted that post-Brexit trade talks between the two sides are being conducted in a “constructive spirit.”
The latest formal round of talks has been held in Brussels this week and will conclude with a meeting between chief negotiators David Frost and Michel Barnier on Friday.
Boris Johnson’s spokesman said: “Discussions continue today.
“They have been carried out in a constructive spirit and we are certainly committed to continue working constructively this week to reach an agreement with the EU.”
Additional reporting by Monika Pallenberg.
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