Withdrawal Agreement Legal Position


CONSIDERING that the EU and the United Kingdom have implemented a map showing that North-South cooperation is largely based on a common EU legal and political framework, the withdrawal agreement provides for a transitional period until 31 December 2020, during which time the UK will remain in the internal market, in order to ensure the smooth running of trade until the agreement on a long-term relationship. If no agreement is reached by then, the UK will leave the single market without a trade deal on 1 January 2021. The withdrawal agreement is closely linked to a non-binding political declaration on future relations between the EU and the UK. Provisions of the treaties and acts adopted in accordance with Protocol (No. 15) relating to certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, the Protocol (No. 19) on the Schengen acquis, integrated within the framework of the European Union or protocol (No. 21) on the position of the United Kingdom and Ireland on the area of freedom, security and justice, or in accordance with the provisions of the treaties on enhanced cooperation, were not binding for and in the United Kingdom before the agreement came into force, as well as for the modification of these acts; The EU and the United Kingdom are trying to do everything in their power, in good faith and in full respect of their respective legal systems, to take the necessary steps to quickly negotiate the agreements referred to in the political declaration of 17 October 2019 to which they relate in their future relations and to implement the appropriate procedures for ratifying or concluding these agreements, in order to ensure that these agreements are implemented as far as possible from the end of the transition period. 2. The European Court of Justice has jurisdiction to rule prejudicially on the applications in paragraph 1. The legal effects of these preliminary decisions in the United Kingdom are the same as the legal effects of requests for a preliminary decision under Article 267 of the TFUE in the EU and its Member States. (1) In the United Kingdom and the Member States, where the United Kingdom is concerned, with regard to legal proceedings initiated before the end of the transitional period and proceedings or remedies relating to such legal proceedings under Article 29, Articles 30 and 31 of regulation (EU) No 1215/2012 of the European Parliament and Council (73), Article 19 of regulation (EC) no 1959/2012.

Regulation (EC) 2201/2003 or Articles 12 and 13 of Council Regulation (EC) 4/2009 (74) apply: the EU and the UK have reached an agreement on the withdrawal agreement with a revised protocol on Ireland and Northern Ireland (elimination of the backstop) and a revised political statement. On the same day, the European Council (Article 50) approved these texts. NOTE that it is necessary to address the particular situation of the Island of Ireland with a single solution to ensure the orderly withdrawal of the United Kingdom from the Union, 3. During the transition period, EU law applicable to the United Kingdom and the United Kingdom under paragraph 1 has the same legal effects as those it produces within the Union and its Member States and is interpreted and applied in the same general methods and principles as those in the Eu. 4. Article 299 of the TFUE applies in the United Kingdom for the enforcement of decisions under paragraph 1 of this article that impose financial obligations on individuals or corporations residing or headquartered in the United Kingdom. Regulation (EU) 1215/2012 applies to the recognition and enforcement of decisions made in court proceedings prior to the end of the transition period, as well as formally established or registered or judicial transactions that were authorized or concluded before the end of the transitional period; Specific obligations arising from international agreements 4.


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