European Commission President Ursula von der Leyen said Thursday that the EU would begin legal proceedings to prevent the U.K. from trying to use domestic legislation to change aspects of the Brexit Withdrawal Agreement.
Calling the Internal Market Bill a “breach of the obligation of good faith,” von der Leyen said the Commission would send a notification letter to the U.K. initiating the EU’s infringement process by which it seeks to enforce legal obligations.
The bill, approved by the House of Commons this week, would allow London to unilaterally alter provisions in the Withdrawal Agreement, which Brussels insists has the legal force of an international treaty and cannot be changed.
“We had invited our British friends to remove the problematic parts of their draft Internal Market Bill by the end of September,” von der Leyen said. “The deadline lapsed yesterday. The problematic provisions have not been removed, therefore this morning, the Commission has decided to send a letter of formal notice to the U.K. government. This is the first step in an infringement procedure.”
In a pointed dig, von der Leyen said that the EU would uphold its side of accord. “Besides this the Commission will continue to work hard towards a full and timely implementation of the Withdrawal Agreement. We stand by our commitments.”
However, the legal road for the EU is long and uncertain, and it’s far more likely that the two sides would reach a political agreement before any process could be completed in the courts. The offending bill is also not expected to complete its passage through the U.K. parliament until at least December.
The U.K. Internal Market Bill seeks to give the U.K. government powers to override sections of the Withdrawal Agreement signed by the U.K. and European Union last year. Northern Ireland Secretary Brandon Lewis admitted in the Commons last month that this would break international law.
European Commission Vice President Maroš Šefčovič warned this week that the EU wouldn’t hesitate to use the legal remedies in the Withdrawal Agreement against the U.K. if it refused to do so. But Cabinet Office Minister Michael Gove responded that the legislation would remain in play as it currently stands.
But although Brussels has insisted the Internal Market Bill has led to a serious breach of trust in the negotiations on the future relationship, it has not stepped away from the negotiating table. That’s because it doesn’t want to get the blame for blowing up the Brexit trade talks.
However, the EU’s chief negotiator Michel Barnier has always said that the correct implementation of the Withdrawal Agreement is a prerequisite for agreeing on a deal on the future relationship. So it remains to be seen what the bloc will do if a deal is agreed but the issue of the Internal Market Bill isn’t sorted before the end of the transition period.
In response, a U.K. government spokesperson stuck firmly to the British position. “We will respond to the letter in due course,” the spokesperson said. “We have clearly set out 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 U.K.’s internal market, ensure ministers can always deliver on their obligations to Northern Ireland and protect the gains from the peace process.”
Charlie Cooper contributed reporting.
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