Thread by @StevePeers

1/ The withdrawal agreement text. Comments coming soon

https://twitter.com/lisaocarroll/status/1062794502543458304

2/ Legal effect of the withdrawal agreement

Now expressly mentions direct effect and implictly supremacy of EU law.

Note impact of post Brexit CJEU case law is more limited.

Applies to the whole WA; UK had previously agreed to apply this clause to citizens rights parts only

3/ Transition period clauses the same as agreed in March at first glance EXCEPT for a new clause on extension to an unspecified date.

Note usual EU budget contribution for UK would NOT apply during extension. 2.b specifically means abolition of the UK rebate would be irrelevant.

4/ UK budget contribution for any extension of the transition period would be negotiated ad hoc.

My earlier annotation of the transition period clauses (not including the new extension clause) here: eulawanalysis.blogspot.com/2018/03/a-brid…

5/ Dispute settlement

Articles on CJEU jurisdiction over citizens rights unchanged, except Court's jurisdiction will be extended if the transition period is extended.

New power added for Joint Committee (UK and EU representatives) to fix bugs in the withdrawal agreement.

6/ More dispute settlement

Instead of jurisdiction for the CJEU to settle disputes over the WA and to sanction the UK, or EU sanctions against the UK, there are detailed rules on an arbitration panel. (This is just the intro).

7/ *However* if the dispute is about EU law, as it often will be, the arbitrators must ask the CJEU to rule on the EU law point. This is unavoidable in light of the CJEU case law on its power to interpret EU law.

8/ Also published now:

a) an outline of the future relationship declaration, not fully agreed yet: ec.europa.eu/commission/sit…

b) a joint report on the negotiations: ec.europa.eu/commission/sit…

More comments after dinner...

9/ I'm back!

The Northern Ireland protocol starts with three new Articles compared to the March draft, on UK territorial integrity and emphasising that it's meant to be temporary. Also a link back to the possible extension of the transition period mentioned above.

10/ On top of that, a new review clause for the Northern Ireland protocol. Both sides would have to agree to disapply the protocol partly or wholly.

11/ Equality rights and the common travel area agreed, as in March (they were never controversial).

Then the UK-wide customs union backstop. There are a number of elements of this.

12/ The customs union backstop has annexes on:
a) trade in goods between EU/UK/non-EU states
b) customs cooperation
c) level playing field - includes tax, environment, labour law, state aid, competition, public companies/monopolies

13/ Level playing field commitments on tax, environment and labour law will please Labour but dismay Brexity Tories. Commitments on state aid, competition, public companies/monopolies just the opposite. The fine points are important: reference to international as well as EU law.

14/ But most of the level playing field commitments aren't subject to the WA's rules on dispute settlement, so it's not clear how arguments will be settled. New EU rules aren't automatically included. Some of the commitments (on tax and public companies etc) are quite limited.

15/ Lots more there in the NI protocol, including an exclusion for fisheries, a number of rules that apply solely to NI, and specific rules on enforcement that the UK should perhaps have more vigorously resisted. I'll wrap up by quickly looking at the rest of the text.

16/ The text is too big to work in comparison software (let me know if there's any free software out there that can manage it) but my understanding is the citizens' rights provisions are the same as in March - so the same concerns on @BritishInEurope free movement, for instance.

17/ In the separation provisions, the EU got its demand on keeping geographical indications for Parma ham etc protected, except for the addition of text on such protections maybe lapsing later or being covered by a future relationship treaty.

18/ On jurisdiction over cross-border child custody, contract disputes etc the EU rules apply if the case was lodged before the end of the transition period.

On CJEU jurisdiction over cases from UK courts, UK won: this only applies if UK court asked CJEU before end of transition

19/ This could only be a selective overview of the draft withdrawal agreement, but it's bedtime for now - I'll try to summarise in blog post form (with some additional points on the outline future relationship declaration) tomorrow. Good night all