These (by @hayward_katy and @NashSGC) have set me thinking about Brexit and the NI Protocol in a new way.
The EU has had to be, and will continue to be, *reactive* in the Brexit process. And it is difficult to assess how to react when faced with the UK Govt. THREAD 1/11
The EU's first choice would (I think) have been that the UK did not choose to leave the EU, but rather worked within EU structures. But, it was the UK's sovereign choice to leave, and choose to leave it did. 2/
The question was then how to manage the process of Brexit. The integrity of the single market, and the protection of the GFA, quickly emerged as the EU's primary aims. 3/
The EU knew that there were a range of choices available to the UK (staircases etc).
The easiest path to 'de-dramatisation' was via continuing membership of the single market and customs union. But, the UK chose not to take that path. 4/
With the UK outside the single market, it was inevitable that there would be borders between the UK and the EU. The EU (and Ireland and the UK) were all determined that there should be no hard border across Ireland. 5/
The various backstop proposals were attempts to manage this. May's deal created (some) UK/EU alignment. That was rejected by Johnson, whose deal created NI/EU alignment. 6/
The NI Protocol avoids a hard border in Ireland, and protects the integrity of the single market.
Crucially, it does so by creating obligations *for the UK* to increase the border checks between GB and NI. 7/
This was all agreed over a year ago. The difficult compromises involve in reaching agreement were acknowledged on all sides.
But, it is obvious that the UK is not ready. It has not fulfilled its side of the bargain. 8/
Once again, the EU faces a choice about how to react.
Not for the first time, it is seeing evidence that the UK Govt is not to be trusted. 9/
It is quite predictable that the crisis will deepen. Or that today's problems will be eased, only for others to surface in the coming weeks and months.
*If* the UK continues not to comply with the NI Protocol, the EU will face difficult choices. 10/
Quite simply, absent the cooperation of the UK, it is not at all easy to see how the EU's aims (re the integrity of the single market and no hard border in Ireland) can both be met. 11/11
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A quick thread on football and the law; VAR and judicial review; or, if you will, Callum Hudson-Odoi and Shamima Begum.
There are, first, a lot of (superficial) similarities, and, then a lot of important differences (as you might well imagine). 1/11
Both VAR and judicial review involve some sort of external oversight (via the courts and Stockley Park) over decision-makers (referees and the Govt). 2/11
In both, there are questions about the deference which should be accorded to the decision-maker - or the intensity of review. Are we only interested in 'clear and obvious' errors? 3/11
For those Higher Education students that do not need to take part in practical teaching... the Government will review, by the end of the Easter holidays, the options for timing of the return of these students. 2/
This will take account of the latest data and will then be a key part of the wider roadmap steps. Students and institutions will be given a week’s notice ahead of any reopening. 3/
I think it might be helpful to think about 3 levels - individual, institutional, and Govt - and how the relationships between them can best be managed and navigated. 2/
First, individuals. Lecturers, students, speakers etc. Those in favour of free speech should be in favour of giving them the space in which to speak freely. Of course, there will be limits as rights (inevitably) conflict. 3/
I'm not sure if this is right, but are there (m)any Brexiters who are still calling for 'no deal' with the EU?
For better or worse, I am certainly hearing a lot less from the 'Go WTO' crowd. 1/3
Instead (at least in those brief moments when the blame game is on hold) they are calling for solutions to problems (teething or otherwise) caused by the reintroduction of barriers to trade. 2/3
In my optimistic moments, I think that there may be a slow dawning realisation that solutions involve recreating at least a functional working relationship with the EU. 3/3