Withdrawal Agreement Dispute Resolution

The UK-EU Withdrawal Agreement: EU Dispute Settlement and Powers Settlement (227 KB, PDF) The UK`s withdrawal agreements from the EU are covered by the WITHDRAWAL agreement (WA) concluded by the UK government and the EU in October 2019. The VA was ratified by the UK and THE EU in the days leading up to the UK`s withdrawal on 31 January 2020, and came into force immediately after the UK`s withdrawal. In the United Kingdom, existing EU legislation at the end of the transition period will continue to be regarded as a maintained EU right until a decision is taken on its amendment or repeal. With regard to the interpretation of this maintained Community law, the European Union Act (The Withdrawal Act 2018) provided in its original legal order that courts below those of the Supreme Court would apply the EU jurisprudence in force before the withdrawal; The Supreme Court would not be bound, but would have to apply the same test it would apply in deciding to deviate from its own jurisprudence. The details of the arbitration clause alone would not be open to discussion. Nevertheless, the Court of Arbitration is not the exclusive arbiter of disputes between the EU and the United Kingdom under the withdrawal agreement. A dilemma for the European Commission during the negotiations had to be the development of a dispute settlement mechanism that does not call into question the ECJ`s prerogative under the EU treaties on the interpretation of EU law and EU autonomy. Point 17 of the Council directive of 22 May 2017 on the negotiation of the withdrawal agreement states that any dispute settlement mechanism “fully respects the autonomy of the Union and its legal order, including the role of the European Court of Justice”. The simplest option would have been to confer jurisdiction on the Court of Justice. This is indeed the approach adopted in the first draft withdrawal agreement. But entrusting full and exclusive jurisdiction to the Court of Justice was not an option for the United Kingdom.

Finally, the end of the ECJ`s competence remains one of the main priorities in terms of “withdrawal of control”, often referred to by British politicians. It might therefore have been difficult to approve the exclusive jurisdiction of the Court of Justice to sell it to British voters. In accordance with the provisions of the withdrawal agreement (Article 171), an arbitration body is established to resolve disputes over the interpretation and application of the provisions of the agreement between the parties. Arbitration committee members are appointed for any dispute in the areas listed on a list of arbitrators to be established by the Joint Committee of the Withdrawal Agreement. The UK is currently a party to the EU because of its EU membership, but this will cease when the UK leaves the EU on 31 January 2020. However, as has already been mentioned, the UK and the EU agreed that the UK would be treated as an EU member state during the transition period for international agreements, including The Hague. The United Kingdom would have gradually joined Hagues in the event of a withdrawal of the “no deal” immediately after the withdrawal, but in light of the withdrawal agreement, it is now expected that the United Kingdom will withdraw its accession instrument and adhere to it (probably) effectively at the end of the transition period.