Is the Brexit Withdrawal Agreement Legally Binding

In accordance with Article 50 of the Treaty on European Union, the United Kingdom will leave the EU on 29 March 2019, two years after announcing its intention to leave the EU. Once ratified, the Withdrawal Agreement would become a legally binding international treaty. The Political Declaration sets out a framework for the future relationship between the UK and the EU. The exact terms of the future relationship can only be negotiated once the UK has left the EU and become a third country. Formal negotiations can then begin before one or more legally binding agreements can be concluded. The agreement also provides for a transitional period, which lasts until 31 December 2020 and can be extended once by mutual agreement. During the transition period, EU law will continue to apply to the UK (including participation in the European Economic Area, the Single Market and the Customs Union) and the UK will continue to contribute to the EU budget, but the UK will not be represented in EU decision-making bodies. According to Sam Lowe, Trade Fellow at the Centre for European Reform, the amendment excludes labour standards from dispute settlement mechanisms. [27] In addition, the level playing field mechanism has been moved from the legally binding Withdrawal Agreement to the Political Declaration[24] and the line in the Political Declaration stating that “the UK will consider aligning with Union rules in the relevant areas” has been deleted.

[26] As regards the Irish border issue, a protocol on Northern Ireland (the “backstop”) is annexed to the agreement, establishing a fallback position which will only enter into force if other effective arrangements are not demonstrated before the end of the transition period. If this happens, the UK will follow the EU`s common external tariff and Northern Ireland will remain in some aspects of the single market until such a demonstration is made. Neither party can unilaterally withdraw from this customs union. The aim of this backstop agreement is to avoid a “hard” border in Ireland where customs controls are necessary. [19] The Brexit withdrawal agreement, officially called the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community[3],[4], was signed on 24th December. Treaty between the European Union (EU), Euratom and the United Kingdom[5], signed in January 2020, laying down the conditions for the withdrawal of the United Kingdom from the EU and Euratom.

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