As the deadline for Brexit approaches, many people are wondering about the legality of the withdrawal agreement. The withdrawal agreement, reached between the EU and the UK in November 2018, outlines the terms of the UK`s departure from the European Union.
Despite being approved by both the UK and EU, some critics have questioned the legality of the withdrawal agreement. They argue that the agreement breaches EU law, the UK constitution, and international law. So, is the withdrawal agreement illegal?
Firstly, it is important to understand that the withdrawal agreement is a legal document. It has been ratified by both the UK and the EU, meaning that it has the force of law. However, this does not mean that it cannot be challenged in court.
One of the major criticisms of the withdrawal agreement is that it breaches EU law. Specifically, some argue that the backstop provision, which would keep Northern Ireland aligned with the EU`s single market and customs union if a new trade agreement is not reached, is a violation of the EU`s own rules. Critics argue that the backstop would create a border between Northern Ireland and the rest of the UK, which could undermine the Good Friday Agreement and threaten the peace process.
However, the EU has argued that the backstop is necessary to avoid a hard border on the island of Ireland. The EU has also emphasized that the backstop is a temporary measure, and that it is committed to finding a more permanent solution.
Another criticism of the withdrawal agreement is that it breaches the UK constitution. Some argue that the agreement undermines parliamentary sovereignty, since it would require the UK to follow EU rules and regulations during the transition period. However, the UK government has argued that the agreement is consistent with the UK constitution, and that it has the support of Parliament.
Finally, some have argued that the withdrawal agreement breaches international law. Specifically, critics have pointed to the fact that the agreement would potentially allow the EU to take control of UK waters and fishing rights during the transition period. However, the UK government has argued that the agreement is consistent with international law, and that it is necessary to protect the rights of UK fishermen.
In conclusion, while there are certainly legal questions surrounding the withdrawal agreement, it is important to remember that it has been ratified by both the UK and the EU. Ultimately, any challenge to the legality of the agreement would have to be resolved in the courts.
Recent Comments