As it‘s getting a bit convoluted: the Protocol as the approach of the two parties to find a special solution for NI provides for two provisions that people are currently referring to quite a bit (short thread)
First of all Art. 16. Art. 16 provides for safeguards under certain conditions, requiring a specific procedure (Annex 7). Art. 16 has not been invoked here (and of course the procedures for invocation have not been followed). Also: Mr. Poots would not be the right person to do so
The WA is a treaty between the UK and the EU, the invocation of Art. 16 is a matter for the UK.
Secondly, Art. 18. This is the provision for democratic consent the parties provided for. Democratic consent in NI is provided shall be reached in accordance with a procedure the UK has determined in a unilateral declaration.
That‘s not what happened here.
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