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Brexit trade deal: why the deal is legally shaky

2021-01-25T09:23:04.462Z


The negotiators had to hurry on the EU's Brexit trade agreement with London - they wanted to avoid ratification by the national parliaments. That could now take revenge.


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Boris Johnson and Ursula von der Leyen in Brussels

Photo: WPA Pool / Getty Images

Brussels and London were in a celebratory mood on December 24th, and it wasn't just about Christmas Eve.

"Ho ho ho!" Tweeted a spokesman for the EU Commission to invite the press conference at which the agreement on a trade agreement with Great Britain was announced.

“DEAL,” British Prime Minister Boris Johnson wrote in capital letters.

EU Commission President Ursula von der Leyen raved about a “fair and balanced agreement”.

"It was worth fighting for."

But the fight may not be over yet.

Because in order to even get a deal at the last second and prevent the chaos Brexit, the negotiators had to get creative: They created an unusual hybrid, "somewhere between free trade agreements, world trade law and partnership or association agreements," says Bielefeld European lawyer Franz Mayer.

"This contract is an absolutely special case."

The EU Commission may be wrong with its legal assessment

Due to time pressure, Brussels and London drafted a purely EU agreement that only needs to be approved by the Council of Ministers and the European Parliament.

Ratification by the parliaments of all EU countries is therefore unnecessary - since the agreement only regulates areas that fall within the competence of the alliance.

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Source: spiegel

All news articles on 2021-01-25

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