EU vs Great Britain: round one

On 29 March 2017, UK withdrawn from EU.

Since then, Brexit negotiations started.

On 30 January 2020, the EU ratified the Withdrawal Agreement, where terms and conditions state on matters as money, citizens' rights, border arrangements and dispute resolution. It also contained a “transition period” until 31 December 2020 and an outline of the future relationship between the UK and the EU.

The Irish border became an issue.

As known, the EU and UK share a border within Ireland. In fact, Northern Ireland belongs to UK, while the Republic of Ireland is an autonomous state part of the EU.

Parties agreed the Protocol on Ireland and Northern Ireland, aimed to avoid the creation of a "physical" border.

Marcos Sefcovic (vice president of European Commission) defined it as "the only way to protect the Good Friday agreement and to preserve peace and stability on the island of Ireland".

Within the Protocol, the EU and UK opted for a so-called “grace period” during which customs authorities are expected to refrain from carrying out certain border checks between the two nations.

The transition period came to an end and, on 3 March 2021, UK had unilaterally decided to extend the duration.

This action has to be considered inadmissible given the fact that both parties have equal rank, are subjects to the same international laws, and – therefore – should agree on any treatment modification.

Thus, on 15 March 2021, the European Commission has indeed decided to start legal proceedings against the United Kingdom, by sending a letter of formal notice 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, as set out in Article 12(4) of the Protocol, in conjunction with Article 258 of the Treaty on the Functioning of the European Union.

Article 258 (TFUE)

“If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union”.