EU commission launches legal action against UK for breaking Brexit treaty

Ursula von der Leyen, president of the European Commission (EbS)
Ursula von der Leyen, president of the European Commission (EbS)

The European Commission had launched legal proceedings against the UK over the government’s plan to break the Brexit withdrawal agreement.

Boris Johnson signed the treaty at the start of the year, but the government this month said it would pass legislation that could override part of what was agreed, breaking international law.

Commission president Ursula von der Leyen said in a statement in Brussels on Thursday that “infringement” proceedings would begin immediately, starting with a formal notice asking for the UK to provide an explanation.

“We had invited our British friends to remove the problematic parts of their draft internal market bill by the end of September,” she told reporters.

"This draft bill is by its very nature a beach of the obligation of good faith laid down in the withdrawal agreement. Moreover, if adopted as is, it will be in full contradiction of the protocol on Ireland/Northern Ireland.

“The deadline lapsed yesterday, the problematic provisions have not been removed. Therefore this morning the Commission has decided to send a letter of formal notice to the UK government. This is the first step in an infringement procedure.”

She said that the letter would invite the UK government to submit its “observations” on the issue within a month.

Ms Von der Leyen added: "We stand by our commitments."

The infringement procedure will allow the European Court of Justice to rule on whether the UK has violated its obligations. Any ruling would be binding on the UK at an international level, as the UK is subject to the court’s rulings during the transition period.

A UK government spokesperson said: “We will respond to the letter in due course.

“We have clearly set out our reasons for introducing the measures related to the Northern Ireland Protocol. We need to create a legal safety net to protect the integrity of the UK’s internal market, ensure Ministers can always deliver on their obligations to Northern Ireland and protect the gains from the peace process.”

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