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UK Locked Into A Legal Battle With The EU Over Deal Breach

Lauren McGaun

After months of tension between the UK and the EU, today, Ursula von der Leyen, the president of the European Council, has announced that the EU has begun legal proceedings against the UK, following the government’s refusal to ditch its plan to override sections of the legally binding divorce bill. 

The EU gave the government until Wednesday to remove the sections of the new Internal Market Bill which government critics argue broke international law and didn’t follow the commitment set out to the EU when the EU Withdrawal Agreement was signed off by Parliament back in October 2019. The European Council’s President described such provisions in the new bill as “problematic”, reminding the UK that the EU has continued to stand by its commitments.

The controversial bill has passed through the House of Commons with a government majority of 84

If the Internal Market Bill came into force, it would give the government the powers to modify rules relating to the movement of goods in the four UK nations, particularly Northern Ireland which borders an EU member state, if the UK and EU didn’t come to an alternative trade agreement before January. Government ministers argue that such legislation is a necessary safety net in order to avoid any delays in the movement of goods between Northern Ireland at the rest of the UK and preserve the territorial integority of the UK.

As it stands, the controversial bill has passed through the House of Commons with a government majority of 84, a decision which former PM, Theresa May, has condemned as “reckless” but it is still yet to face scrutiny from the House of Lords.

Mrs von der Leyen has gone as far as describing the proposed legislation as a “full contradiction” to previous commitments over Ireland and the need to avoid a hard border to maintain positive relations between Northern Ireland and the Republic. 

Notably, however, the EU is yet to move away from trade talks about a future relationship with the UK. Yet, today’s announcement does nothing to reassure the British public that negotiations are moving in a constructive manner and both sides have previously criticised the way in which talks are progressing.

The European Commision has given the UK until the end of November to respond the EU’s concerns over the draft legislation

The PM, Boris Johnson, has said that if both sides have failed to reached an agreement by mid-October than the UK should “move on”, making the threat of No Deal seeming increasingly likely.

The European Commision has given the UK until the end of November to respond the EU’s concerns over the draft legislation and the government is expected to respond to the EU’s letter outlining legal action in due course. The ability for both sides to overcome their differences seems increasingly unlikely however. 

Whilst the government remain hopeful of avoiding a No Deal scenario, many within the cabinet, including Boris Johnson himself, don’t see No Deal as a huge threat and therefore continue to keep this option open as the UK draws closer to the end of the transition period. Such a scenario is something that many in the opposition parties and backbenchers are increasingly worried about however.

Lauren McGaun

Featured image courtesy of Renew Europe on Flickr. Image license found here. No changes were made to this image.

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