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If a post-Brexit UK-EU agreement is - as anticipated - a 'mixed' agreement it will need to be ratified by all EU member states before it can come fully into force.

A short thread
Ratification normally involves national parliaments, as @GuillaumeVdLoo discusses here: asser.nl/media/4164/cle…
For further insights into what is involved in each member state, the following, compiled with ratification of the EU's TTIP and CETA agreements in mind, is useful: ttip2016.eu/files/content/…
Until ratification is complete, provisional application of mixed agreements is an option and is discussed by @AndreiSuse and Jan Wouters here: ghum.kuleuven.be/ggs/publicatio…
On what can happen if the agreement is not ratified, see the work of @GuillaumeVdLoo and @RamsesWessel published in the Common Market Law Review (paywall) but with draft available here: utwente.nl/en/bms/pa/rese…
Among the EU's recent 'mixed' agreements still to be ratified by all EU member states is the EU-Canada Comprehensive Economic and Trade Agreement (CETA) which was concluded in October 2016. The UK completed ratification on 8 November 2018: researchbriefings.files.parliament.uk/documents/CBP-…
CETA has been applied provisionally since 21 September 2017. To date 14 EU member states have completed the ratification process: consilium.europa.eu/en/documents-p…
Worth noting too is the EU-Ukraine Association Agreement which, having been signed on 7 June 2014 took more that three years for EU member states to ratify. It entered into force on 1 September 2017. In the meantime 'certain parts' were provisionally applied.
The ratification process in the Netherlands was nearly jeopardised by the agreement's rejection in a national referendum.

ceps.eu/ceps-publicati…
Parliamentary approval in the Netherlands was eventually secured following a European Council Decision in December 2016 confirming that the association agreement did not, for example, confer on Ukraine the states of 'candidate' for EU membership

consilium.europa.eu/media/24151/15…

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More from @DPhinnemore see all

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David Phinnemore
@DPhinnemore
Is the #Brexit #backstop anti-democratic?

A persistent argument against it is the claim that it makes Northern Ireland a voiceless "rule-taker".

Here's a mega-thread based on research with @hayward_katy taking a closer look at this issue.

1/25
Boris Johnson insists on calling the backstop ‘anti-democratic’ noting that there is no ‘sovereign’ means of exiting it and it applies to ‘large areas of single market legislation in Northern Ireland’ over which the people of NI have ‘no influence’

assets.publishing.service.gov.uk/government/upl…

2/25
The DUP take a similar line.

Nigel Dodds has claimed that the backstop ‘would see laws made in Brussels impacting the economy of Northern Ireland with no-one in London or Belfast able to vote on them or even ask a question about them.

mydup.com/news/article/c…

3/25
Read 25 tweets
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David Phinnemore
@DPhinnemore
"The DUP insists that elected representatives from Northern Ireland must have a say over any new regulations introduced by the EU that would apply to the North after Brexit." - @denisstaunton

A quick reminder of what the Protocol on Ireland/NI says:
irishtimes.com/news/world/uk/…
Article 15(4) provides for the automatic application of 'amendments' or 'replacements' to those EU acts - 'a small fraction of EU Single Market rules' according to UK government - applicable to Northern Ireland and set out in the Annexes to the Protocol.
Where a 'new' EU act is concerned, the UK and the EU in the Joint Committee must agree to apply it to Northern Ireland.

How the UK determines its position is for the UK to decide.

Which brings us to the May government's 'commitments to Northern Ireland' in January 2019...
Read 4 tweets
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David Phinnemore
@DPhinnemore
As the domestic UK political debate on Brexit grapples with the 'backstop' issue, it is worth recalling key statements adopted during the negotiations to date.

These may be ignored in the domestic debate, but are essential reference points for the EU and its negotiators.

1/
UK-EU Joint Report (08.12.2017), especially:

Para 49: 'In the absence of agreed solutions, the United Kingdom will

Para 50: In the absence of agreed solutions ...

ec.europa.eu/commission/sit…

2/
Draft Withdrawal Agreement (WA) (19.03.18)

"negotiators agree that a legally operative version of the “backstop” solution for the border... in line with [para] 49 of the Joint Report, should be agreed as part of the [WA], to apply unless and until another solution is found”

3/
Read 12 tweets

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katya adler
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Thread!! Big thread! Oh, coffee! Don’t go any further without coffee! This is an 80+ tweet thread about tax! People with goldfish-type attention spans, or people with no interest in tax or #Brexit need not even attempt. You have been warned!! There are three facets…
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James Holland
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THREAD..

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"BusinessEurope?!?" you ask.

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/3
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katya adler
@BBCkatyaadler
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