The Brexit Agreement Summarised

On 13 November 2018, the EU decided that „decisive progress“ had been made in the Brexit negotiations, and on 14 November the European Commission and the UK Government published a draft withdrawal agreement as well as three protocols (on the border between Ireland and Northern Ireland, the SOVEREIGN territories of the United Kingdom in Cyprus and Gibraltar) and nine annexes. The text of the negotiated withdrawal agreement and the political declaration on the framework for future EU-UK relations were approved by EU heads of state and government at a specially convened European Council on 25 November 2018. On the issue of the Irish border, there is a protocol on Northern Ireland (the „backstop“) which is attached to the agreement and establishes a position of withdrawal which will only come into force in the absence of effective alternative provisions before the expiry of the transition period. In this case, the UK will eclipse the EU`s common external tariff and Northern Ireland will stick to aspects of the internal market until such an event is carried out. 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 needed. [19] After an unprecedented vote on 4 December 2018, MEPs ruled that the British Government was not complying with Parliament because it refused to give Parliament full legal advice on the consequences of its proposed withdrawal terms. [29] The focus of the consultation was on the legal effect of the „backstop“ agreement for Northern Ireland, the Republic of Ireland and the rest of the United Kingdom with regard to the CUSTOMS border between the EU and the United Kingdom and its impact on the Good Friday agreement that led to the end of the unrest in Northern Ireland, including whether , according to the proposals, the UK would be certain that it would be able to leave the EU in a practical sense. The agreement also provides for a transitional period, which will last until 31 December 2020 and can be extended by mutual agreement. During the transitional period, EU legislation will continue to apply to the UK (including participation in the European Economic Area, the internal 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.

The transition period will give businesses time to adapt to the new situation and the new era, so that the British and European governments can negotiate a new trade agreement between the EU and the UK. [17] [18] Both the draft withdrawal agreement and the political declaration have a potentially significant impact on the British Constitution. Some of the constitutional issues that are likely to arise in every bill on the implementation of the withdrawal agreement are: If the UK left the EU without a deal, the EU took legal action against the UK after Boris Johnson failed to respond to Brussels` request to abandon laws that would replace the withdrawal agreement and violate international law. On 15 November 2018, the day after the agreement and the support of the British government were presented, several members of the government resigned, including Dominic Raab, Secretary of State for leaving the European Union. [28] The withdrawal agreement provides for a transitional period until 31 December 2020, during which time the United Kingdom will remain in the internal market to ensure the flow of trade until a long-term relationship is concluded.