First, there is no actual means by which an ECJ judgment can be enforced against a sovereign state which defies it. Secondly, there are credible international law arguments that the UK’s obligations under the WA and its Protocol as a whole - including the egregious and one-sided ECJ jurisdiction clauses - have been vitiated by the EU’s bad faith behaviour over the course of the negotiations.
And, as mentioned before, the EU doesn’t have the standing to punt this (or any) case to the ICJ.Opinion pierce in the Telegraph from a couple of lawyers - including a QC.
The UK has credible arguments in its international legal row with the EU, and no longer has to be bound by the will of its foreign courtwww.telegraph.co.uk
So basically the EU can achieve the square root of fornicate all.
I doubt the EU will push this to the point where it's shown the emperor has no clothes - it won't want to see it made embarrassingly clear the ECJ is toothless outside of the EU.
And, as mentioned before, the EU doesn’t have the standing to punt this (or any) case to the ICJ.
Even it was somehow finessed by persuading a MS to do it - and that’s doubtful - and the ICJ somehow found against the UK (again doubtful) , the only body able to assert that judgement is the Security Council, where the EU only has extended observer status and no vote, while the UK has a veto.
I don’t necessarily agree with your Covid assessment.Which is why I say BoJo is like the curates egg - he's scoring A+ in dealing with the EU, D- in dealing with Covid 19.
In the long term, which is the more important to the future of the UK? Covid is an aberration which, with luck and good international medical research, will be conquered.Which is why I say BoJo is like the curates egg - he's scoring A+ in dealing with the EU, D- in dealing with Covid 19.
Interesting opinion piece to concentrate minds in Brussels:
By an experienced barrister STUNG INTO ACTION, Ursula Van der Leyen and the EU Commission have moved too early in threatening the UK with legal action. Before the end of the transition how can the EU know whether it is the EU or the UK that has failed to implwww.brexit-watch.org
Projekt Fear HQ said:Thousands of UK businesses may need to set up an EU presence if they want to export goods to European markets
Oh dearBrexit needs to be cancelled immediately...
Thousands of UK firms may need an EU office
(strangely, the only thing opened up to ‘Have Your Say’)
The article could easily have been headlined,
Thousands of EU firms may need to set up a UK office but of course, it doesn’t fit the BBC Projekt Fear modus operandi.
U.K. Prime Minister Boris Johnson will speak to European Commission President Ursula von der Leyen on Saturday afternoon to take stock of the final formal round of Brexit trade talks and to "discuss next steps," Downing Street said.
The call will come after a meeting between the U.K.'s and EU's chief negotiators, David Frost and Michel Barnier, in Brussels this morning, which will wrap up the ninth formal round of the future relationship negotiations.