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Lots of discussion on what happens if the UK breaches the withdrawal agreement. Any interest in a blog post on the legal aspects of what happens in that case? (Yes, I know that there would also be politics)
Ok, looks like I am writing a blog post about what happens if the UK breaches the withdrawal agreement. Might be coming Sunday
A (photo of a) prize for the first person to guess the blog post title. This might be a clue ⬇️
Blogged
How do you solve a problem like Suella?
The legal aspects of breach and termination of the withdrawal agreement:
eulawanalysis.blogspot.com/2020/02/how-do…
1/ I have had several requests for a tl;dr version of this blog post on what happens in case of breach of the withdrawal agreement, so here you go...
2/ Breach of a treaty doesn't automatically terminate the treaty, or mean that the other side automatically retaliates. International law aims for treaties to stay in force.

Or, as international lawyers say: "spaffta sunt servanda"
3/ During the transition period, normal EU law applies. After that, the withdrawal agreement has a dispute settlement process. If the EU and UK can't agree, they can request arbitration. If the issue involves EU law, the arbitrators must ask the CJEU to interpret the EU rules.
4/ Arbitration is binding. If a ruling is not complied with, financial penalties or a proportionate suspension of the withdrawal agreement is authorised. The citizens rights' provisions CAN'T be suspended.
5/ EU and UK *must* use the provisions of the withdrawal agreement to settle disputes, rather than embark on Trumpian frolics of their own. Arguably that means they can't terminate the treaty (except for the limited possibility of dropping the trade part of the Irish protocol)
6/ IF the general rules of international law on termination of treaties apply, termination of the whole withdrawal agreement due to the other party's material breach of the treaty would still only be an option, *not* an automatic consequence of that breach.
7/ The CJEU has ruled before that the international law rules on termination of treaties can be pleaded by individuals to challenge the EU's decision to terminate a treaty (if it comes to that).
8/ On the UK side, the withdrawal agreement is implemented by domestic law. Termination of the treaty would be an issue for the political process, or possibly the courts, which the government reportedly plans to nobble.
9/ That's enough of that, time for some of this
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Steve Peers
@StevePeers
EU Commission partly withdraws trade preferences for Cambodia due to human rights concerns:
ec.europa.eu/commission/pre…
1/2 Withdrawing EU trade preferences from Cambodia is on the basis of a law concerning trade preferences for developing countries, which won't apply to the UK. If the UK and EU have no FTA, there will be no preferences to withdraw.
2/2 If UK/EU have an FTA, withdrawal of trade preferences will be on grounds set out in the FTA, subject to its dispute settlement. It's too early to know details, although the proposed EU negotiating mandate refers more specifically to human rights in the *security* context.
Read 4 tweets
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Steve Peers
@StevePeers
EU courts, new cases 1/4

Challenge to EU Commission refusing to register a European citizens initiative which aimed to sanction trade between the EU and Israeli settlements

(The legal issue is whether this is trade policy or foreign policy)
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(Similar cases are pending re other Member States and the UK, ie @privacyint case)
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Foreign policy sanctions: Venezuela is appealing to the CJEU against an EU General court judgment that the country didn't have standing to challenge EU sanctions imposed against it
Read 5 tweets
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Steve Peers
@StevePeers
1/ A couple of points about the issue of UK nationals and EU citizenship post-Brexit. First, the court case referred to here. The full text of the ruling is not available. The quote simply notes that the CJEU has not ruled on the issue yet. It does not decide the issue either way
2/ This specific case (Walker) concerns a legal challenge to the EU law waiving short term visas for UK visitors to the EU post-Brexit. The EU General Court ruled that the legal challenge was inadmissible as individuals can't directly challenge EU legislation in the EU courts.
3/ EU General Court ruling of 23 Oct 2019 here: curia.europa.eu/juris/document…
Friday's ruling is from the CJEU on appeal. Not known what it said yet. This is a request for interim measures but the main case will have the same standing issues.
Read 10 tweets

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George Peretz QC
@GeorgePeretzQC
A thread on what (under the Benn Act (BA) and Fixed Term Parliament Act (FTPA)) happens and should happen next if there is an agreement between the EU27 and the UK government as to the terms of withdrawal at the 17-18 October EU Council.
I’ll assume the key vote(s) take(s) place on 19 October.
On 19 October, the HoC would then have to vote on a motion approving the agreement under s.1(1)(a) BA approving the agreement.
Read 33 tweets
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Georgios Konstantinou
@GeoKonstantinou
Reading through @OtherProfGreen summary of the 9th August #UK event, the similarities to the 25th August 2018 #Australian separation event across the #NEM are very interesting to observe.
Firstly, they are all attributed to lightning strikes.

And although the #UK one was easy to identify, the #QLD one took a bit of forensic investigation as it happened at a time that no weather warnings were out for the area.
Both events attribute an initial loss of generation due to disconnection of #distributed #generation #DG

I will get back to this point later, because it is probably the most interesting aspect of both events!!
Read 11 tweets
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Meenakshi Prabhune
@minu_pr
It's been 3 years since my first blog. I remember how terrified I was to hit "publish" on my first #blog post. Unleashing my words into the worldwide web was a scary thought. What if people hated my writing? Or worse, what if the article had mistakes? (1/5) #writingtips #SciComm
Importantly, this was supposed to be my first step towards transitioning into a career in #sciencewriting- a field that was a complete black box to my family and friends. Needless to say, everyone, including myself, was skeptical. (2/5)
Anyways, I tried, and learned 2 things over the years. 1) My writing didn't (positively or negatively) break the internet. At it's best and worst, readers moved on with their lives. (3/5)
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Michel Barnier
@MichelBarnier
👇 I briefed EU27 Ambassadors and EP today on the ongoing talks with #UK. Following the EU-UK statement of 20 Feb, the EU has proposed to the UK a legally binding interpretation of the #Brexit Withdrawal Agreement. Most importantly:
2/5 The arbitration panel can already, under Article 178 WA, give UK the right to a proportionate suspension of its obligations under the backstop, as a last resort, if EU breaches its best endeavours/good faith obligations to negotiate alternative solutions.
3/5 EU ready to give legal force to all commitments from January letter of @eucopresident and @JunckerEU through joint interpretative statement. europa.eu/!Kj44wR This will render best endeavour/good faith obligations even more actionable by an arbitration panel.
Read 5 tweets
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Eleanor Sharpston
@akulith
1. Reading tweets over the (notional) Christmas Brexit truce, I’ve been struck by the repeated confusion about what the UK can / cannot do over the three months to 29th March 2019.
2. As Parliament resumes and the surrounding discussion heats up, it may therefore perhaps be helpful to offer a little (further) clarification about how the process under Article 50 TEU works.
3. Once Article 50 is triggered – as was done by the Prime Minister’s letter on 29th March 2017 – the two year time period specified by Article 50 runs down automatically.
Read 22 tweets
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Alexander
@37paday
1/ The Withdrawal Agreement or the risk of there being no Withdrawal Agreement should be subject to a final say for all by the Autumn of 2018
2/ While the Government considers that the referendum has given it a mandate to leave the EU, the terms of departure in 2016, 2017 and as of today were and are not certain.
3/ The European Parliament will be able to vote on the Withdrawal Agreement and presumably there is always a risk it may not vote in favour of it.
Read 29 tweets

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