On 21 June the Home office has issued a 60 page long “Statement of Intent” (SoI) on how EU citizens will be able to secure settled status in the UK after “Brexit”, with immense resonance in the press and blog sphere. Is a mere Statement of Intent worth the hubbub?
Professor Schiek offers a first legal political assessment of the protocol on Ireland/Northern Ireland in the draft withdrawal agreement from legal perspectives. She concludes that the EU Commission’s proposal on the one hand constitutes a major compromise, in that a sectoral approach to the EU Internal Market is allowed for Northern Ireland alone, in order to avoid the need of a physical infrastructure at the border on the island of Ireland. On the other hand, the draft falls short of securing the all-island economy in the service sector, and also has shortcomings in maintaining the hybridity of identities in Northern Ireland as aspired by the 1998 Agreement (also known as Good Friday or Belfast Agreement). TREUP Occasional Paper 3 (2018) An updated version taking into account the provisional agreements between the EU Commission’s and UK government’s negotiation parties on 19 March, is available here :The island of Ireland and the UK in Withdrawal Agreement Draft 19 March 2018 Schiek
While the Taoiseach Leo Varadkar praises a “politically bullet proof” agreement on avoiding a so-called hard border, pragmatic Commission negotiator Michel Barnier offered a more realistic summary in his press statement:
“Together with the UK, Irish and all EU governments, we will now need to develop creative solutions that work.”
If this is true, the much praised negotiation progress closing phase one Article 50 TEU negotiations may appear as “back to square one” for appreciating the unique situation of the island of Ireland. Even without legal … Continue reading
Following the UK government’s release of its position paper on the position of Northern Ireland and Ireland after Brexit, Professor Dagmar Schiek shares her initial thoughts on the paper and highlights what is not being addressed. … Continue reading
Following the ruling by the High Court [Queen’s Bench Division] in London on the UK and Article 50, Professor Dagmar Schiek takes a look at the legal complexities behind the ruling and the reasons for the decision, including some remarks on the contrasting ruling by the High Court in Belfast. … Continue reading
Following a recent article stating that foreign university academics were being banned from advising the UK government on Brexit, Professor Dagmar Schiek asks whether this would be legal while the UK still a member of the EU. … Continue reading
One of the many as yet unanswered questions thrown up by the Brexit vote is what form the future relationship between the UK and the EU will take. Much attention up until this point has focused on existing models for relations. Will Brexit Britain seek to stay in the European Economic Area or attempt to replicate Switzerland’s set of bilateral agreements? … Continue reading
Almost two weeks after the EU referendum, the world’s media are still focusing on the United Kingdom, its population and the disruption of its political caste in analysing the results of 24 June. This is akin to that long wait for the worst to happen, just like the rabbits’ instinctive immobility when viewing a snake. … Continue reading
Unlike the UK as a whole, Northern Ireland voted to remain in the EU – and now it finds itself in a deep political and economic tangle. The Northern Ireland Remain vote had been anticipated, and as expected, support was strongest in border areas and in Belfast. … Continue reading