EU Plans Legal Action Against UK Over Northern Ireland Trade Rules

The drama of the Brexit saga continues, as disagreements between the United Kingdom (UK) and the European Union (EU) seem to have escalated once again after the European bloc decided to take legal action against what it is considering to be unilateral moves by Britain in regards to the Northern Ireland issue.

The EU began an infringement procedure on Monday, due to the British government breaching the Brexit agreement, which was signed by both parties last year, by unilaterally changing trading arrangements for Northern Ireland.

“The European Commission has sent today a letter of formal notice to the United Kingdom for breaching the substantive provisions of the Protocol on Ireland and Northern Ireland, as well as the good faith obligation under the Withdrawal Agreement. This marks the beginning of a formal infringement process against the United Kingdom. It is the second time in the space of six months that the UK government is set to breach international law,” the European Commission said in a statement.

This could lead to imposing fines on the UK by the Court of Justice of the European Union, however, the process leading to such a ruling could require at least a year, according to Reuters.

“The UK has been given one month to submit its observations to the letter of formal notice. After examining these observations, or if no observations have been submitted,” the European Commission could decide to proceed with a case against the Court of Justice of the European Union

The court “has full powers provided for under the Treaties, including the possibility to impose a lump sum or penalty payment,” the European Commission noted.

In addition, the commission warned that the conflict may result in the imposition of financial sanctions by an arbitration panel.

Earlier this month, the UK Government announced plans to unilaterally delay the full application of the Protocol on Ireland and Northern Ireland concerning the movement of goods and travel from Great Britain to Northern Ireland.

“The UK resorted to this unilateral action without any discussion or consultation with the EU side in the bodies established by the Withdrawal Agreement. It constitutes a clear departure from the constructive approach that had prevailed up until this point, thereby undermining both the work of the Joint Committee and the mutual trust and spirit of cooperation that had been rebuilt in the final months of 2020, after the uncertainty created by the UK Internal Market Bill,” the European Commission further noted.

It is worth noting that in September a law was passed in the UK that allows the British government to break international law in a very specific and limited way, as the government then explained, as it regulated the future of trade movements between Great Britain and Northern Ireland, in violation to the Brexit deal.