EU WITHDRAWAL AGREEMENT
Once again we have had a debate about the process repeating the demands of some MP’s really wanting to see the UK stay in the EU
In Sir Bill Cash’s intervention during the EU Withdrawal Agreement debate today he suggested that everybody should READ Article 4 of the Agreement
Some of us have argued that under Union Law the Withdrawal Agreement presents the UK with remaining under ECJ rulings, complying with Union Law, alignment to EU Standards and rules and EU trade policy together with immigration, security and foreign policy. Also complying with other aspects of Union Law. To that end the Brady Amendment calling for Alternative Arrangements was passed by the HoC. This should be fully endorsed and Alternative Arrangements should be adopted.
READ ARTICLE 4 Set out below
Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
14 November 2018
ARTICLE 4
Methods and principles relating to the effect,
the implementation and the application of this Agreement
1. The provisions of this Agreement and the provisions of Union law made applicable by this Agreement shall produce in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and its Member States.
Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in this Agreement which meet the conditions for direct effect under Union law.
2. The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic primary . The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law.
4. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union handed down before the end of the transition period.
5. In the interpretation and application of this Agreement, the United Kingdom’s judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period.
POSSIBLE SOLUTION
Vote against the Withdrawal Agreement and refuse to sign the EU Withdrawal Agreement until immediate negotiations for a non tariff Free Trade Agreement have been concluded
Why are we allowing ourselves to fall into a Withdrawal Agreement that, in effect, penalises us to remaining under Union Law – certainly during the transition / implementation period but thereafter if the future relationship between the UK / EU has not been agreed.
Unless there is a deadline under which the UK can unilaterally withdraw from the WA we could be trapped under EU (Union) Law for decades