free movement, position and democratic deficit

Euskaraz irakurri: Windsor acordioaren hiru gako: zirkulazio askea, tokia et defizit demokratikoa

The call Windsor Framework Agreement Announced today by the Government of the United Kingdom and the European Union (EU), reforming the Protocol for Northern Ireland, it addresses the key issues that this Brexit tool has caused on the territory.

These are the main areas where the new pact is implementing reforms, with a special focus on governance, sovereignty and trade within the territory.

-Free traffic of goods

Since the entry into force of Brexit, the protocol has kept Northern Ireland within the Community and the UK single market. physical border between the two Irelands and is without prejudice to the Good Friday Peace Agreement (1998).

The negotiated agreement now states a green and red track system between Great Britain (Scotland, Wales and England) and the territory.

Goods destined for Northern Ireland without routine checks pass through the green lanes – controlled electronically by the EC – while goods exported to the Republic of Ireland to enter the Community market pass through the red lanes, meaning they enter Northern Ireland. -Ireland to undergo customs formalities. Irish ports.

– The position of Northern Ireland in the United Kingdom

The second element of the agreement concerns the application of certain Community laws and, consequently, the situation where some British laws cannot be applied in the territory, which the unionists believe jeopardizes their constitutional relationship with the United Kingdom.

This has led to, for example, Northern Ireland and Great Britain (England, Wales and Scotland) imposing different taxessuch as VAT, on products such as alcohol or renewable energy materials, as the territory is governed by the rules of the Community’s internal market, which also prevented it from accessing state aid from London, which Brussels had vetoed for unfair competition to prevent.

The new pact will allow the UK government to make “significant changes to VAT”, as explained by the Prime Minister, Rishi Sunak, who indicated that she can now, for example, change the tax rates on certain products with the same effect in all UK regions.

– The democratic deficit in Northern Ireland

It was one of the most delicate issues in these negotiations because of the firm rejection of the pro-British Democratic Unionist Party (DUP) – Northern Ireland’s second armed force – from the role played by the Court of Justice of the European Union (CJEU ) would play in the area.

The previous agreement, accepted by the previous British Prime Minister, Boris Johnson, stipulated that Northern Ireland was governed by Community laws relating to the internal market and that any dispute would be settled by the European courts, which also met opposition from the hard-wing of the Conservative Party.

This was also a “red line” for Brussels, which understood that Northern Ireland’s access to the internal market was bound by Community law and its arbitration bodies.

The compromise solution was to use a system similar to the one used, for example Norwaywhich is outside the bloc, but has access to the internal market.

For example, Brussels must inform London in advance of any new rules or guidelines that affect Northern Ireland, so that the British system has the opportunity to study and appeal.

The parties have decided that, before reaching the CJEU, any dispute can be examined at first instance by the courts of Northern Ireland, which can then decide whether or not to refer it to Luxembourg, which always has the final say .