By Billy Melo Araujo<hr fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;">After years of tensions and negotiations, the EU and the UK have announced their proposed solution to the problem of trade barriers between Northern Ireland, Great Britain and the EU.The <a fr-original-style="" href="https://www.gov.uk/government/publications/the-windsor-framework" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">Windsor framework</a> is a political agreement which sets out amendments to the <a fr-original-style="" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840230/Revised_Protocol_to_the_Withdrawal_Agreement.pdf" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">Ireland/Northern Ireland protocol</a>. The protocol, a part of the EU-UK withdrawal agreement, was put in place to avoid border checks on goods traded between Northern Ireland and the Republic of Ireland. It did this by keeping Northern Ireland subject to EU customs and internal market law on goods.But it has been highly contentious since its inception. Because Northern Ireland is subject to a separate regulatory and customs regime to the rest of the UK, goods entering from Great Britain are subject to checks. In addition to potential trade disruptions, the “Irish Sea border” is seen by some in the unionist community as an affront to their identity and place within the UK.The Windsor framework does not get rid of the protocol, but proposes to change it significantly. While barriers to trade between Great Britain and Northern Ireland are not removed entirely, the Windsor framework proposes reducing checks on goods not at risk of being sent on to the EU, as well as parcels, food products and pets. Crucially, medicines manufactured in Great Britain would no longer require EU authorisation to be lawfully placed in the Northern Ireland market.The Irish Sea Border is still there, just less visible and less onerous for those involved in trade. But there are strings attached for the UK, including strict data sharing and labelling requirements, and putting in place reinforced surveillance and enforcement mechanisms.<h2 fr-original-style="" style="margin: 0px; color: rgba(0, 0, 0, 0.85); font-weight: 500; padding: 0px; box-sizing: border-box;">The Stormont brake</h2>Another key issue with the protocol has been that Northern Ireland remains subject to EU rules in which it has no say. Critics, in particular Northern Ireland’s Democratic Unionist Party (DUP), <a fr-original-style="" href="https://www.shropshirestar.com/news/uk-news/2023/02/15/protocol-deal-must-address-democratic-deficit-in-ni-dup-mp-insists/" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">have argued</a> that the protocol created a democratic deficit in Northern Ireland.To address these concerns, the Windsor framework introduces a mechanism called the Stormont brake.Currently, the protocol requires Northern Ireland to comply with a number of EU laws. It also allows for changes: if an EU act listed in the protocol is amended, replaced or deleted, this automatically also applies to the protocol.The protocol’s content has therefore changed significantly since it came into force, and is likely to continue changing in the future. This is a problem as it requires Northern Ireland to comply with evolving EU rules without having any input.The Stormont brake seeks to rectify this democratic deficit by <a fr-original-style="" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1003951/CP_476_The_Third_Report_on_the_Use_of_the_Petition_of_Concern_Mechanism_in_the_Northern_Ireland_Assembly__1_.pdf" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">establishing a procedure</a> allowing the Northern Ireland assembly to block the application of new EU rules in Northern Ireland.The UK can apply a “brake”, within two months from the publication of an EU act, provided it has received a petition to do so from at least 30 members of the assembly representing at least two parties. The brake system incorporates a number of requirements and restrictions intended to avoid frivolous petitions.Members must show that their petition for a rule to not apply is a measure of last resort, and a matter of exceptional circumstance. They must also show that they carried out substantive prior consultations between the UK and the Northern Ireland executive, and sought to engage with the EU and other relevant parties before requesting to pull the brake.If the UK government accepts that these conditions have been met, the UK can notify to the EU of its intention not to apply the rule in question. It is then up to UK to assess whether to proceed.The UK must provide the EU with a detailed account of how the rule differs significantly from whatever rule it is amending or replacing, and why this would significantly impact everyday life in Northern Ireland.The Stormont brake attempts to strike a balance between Stormont having a greater influence on how EU law applies in Northern Ireland, and the need to avoid a scenario where the system is abused for political purposes. Whether the right balance has been struck is perhaps open to discussion, not least because the strict conditions might make it very difficult to use the system in practice.Importantly, the Stormont brake relies on the restoration of power sharing in Northern Ireland. This would require the DUP to end its boycott on power sharing, which it began as a protest against the Northern Ireland protocol.For both the EU and the UK, the Windsor framework can be seen as a considerable achievement. If adopted, it should reduce barriers to trade while increasing the democratic legitimacy of rules applied in Northern Ireland.Detractors will likely point to the things that the framework does not do. One point of complaint is the role of the European Court of Justice (ECJ). Under the protocol, the court has notable jurisdiction over the EU laws that apply in Northern Ireland. This has been considerably controversial, as the DUP wants the ECJ completely removed from Northern Ireland’s affairs.But contrary to what <a fr-original-style="" href="https://www.theguardian.com/politics/2023/feb/06/negotiators-make-breakthrough-in-northern-irish-protocol-dispute" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">some reports</a> initially suggested, the framework does not affect the ECJ’s status under the protocol. Only the ECJ can rule on the validity and interpretation of EU law. Therefore, as long as EU law applies in Northern Ireland, the ECJ will remain a feature.The UK government argues that by giving the UK a right to veto EU legislation, the brake system reduces the role of the ECJ under the protocol. In reality, while the right of veto could (if used) limit the EU law obligations under the protocol, the court’s jurisdiction remains the same as it is currently.Some may also argue that the <a fr-original-style="" href="https://www.shearman.com/perspectives/2021/09/uk-proposed-revisions-to-article-10-of-northern-ireland-protocol" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">continued application of EU state aid law in the UK</a> is a problem. And some may not be satisfied as long as EU law continues to apply – in any capacity – in Northern Ireland.This should not detract from the significant efforts and concessions made to secure an agreement. Despite its potential weaknesses, the Windsor framework addresses many of the practical difficulties associated with the operation of the protocol, and could represent a compromise solution both sides can live with.<hr fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;">Author:&nbsp;<a fr-original-style="" href="https://theconversation.com/profiles/billy-melo-araujo-278705" rel="author" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">Billy Melo Araujo</a>, Senior Lecturer in EU and International Economic Law, Queen's University BelfastThis article is republished from <a fr-original-style="" href="https://link.apos.to/c/-05KVy1t_3lN?c=BNDYq4PmbgErb1Tj_JmEg&sub=62b033905d379200061d8935&s=web" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">The Conversation</a> under a Creative Commons license. Read the&nbsp;<a fr-original-style="" href="https://theconversation.com/rishi-sunaks-brexit-deal-how-the-stormont-brake-could-block-new-eu-laws-from-northern-ireland-200773" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">original article</a>.

Aposto Politics

How the Stormont brake could block new EU laws from Northern Ireland

Rishi Sunak’s Brexit deal

• <a fr-original-style="" href="https://apnews.com/article/british-politics-united-kingdom-government-business-bf10f21608bce50b8beab13b8ad9ec1d" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">British&nbsp;PM Rishi Sunak</a> traveled to Northern Ireland to sell his newly-resolved trade agreement with the EU to the Democratic Unionist Party (DUP), who fear that post-Brexit trade rules are weakening N. Ireland's place in the UK. The deal, now named the "Windsor Framework", is to ease custom checks for goods moving to Belfast from the rest of the UK. DUP leader Jeffrey Donaldson said the party would "take our time" to discuss the details of the deal before giving a final answer.

Aposto World

• <a fr-original-style="" href="https://www.bloomberg.com/news/articles/2023-02-22/uk-s-sunak-suggests-he-s-seeking-brexit-treaty-change-from-eu" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">UK PM Rishi Sunak</a> suggested that he was seeking legal changes to the existing Northern Ireland Protocol, an arrangement that the EU had repeatedly opposed.&nbsp;<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Driving the news: Replying to the Democratic Unionist Party (DUP) leader's complaints at the parliament that the existing deal is "unacceptable", Sunak said he heard Donaldson "loud and clear", and that he can assure him that this is "an essential part of the ongoing negotiations with the EU".</li></ul>

• <a fr-original-style="" href="https://apnews.com/article/boris-johnson-ireland-brexit-northern-d691e9e9a0a1c5c3ef71a98a07334ba9" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">British PM Boris Johnson renewed UK's threats</a> to break a Brexit agreement with the European Union, namely the Northern Ireland (NI) protocol, if the EU doesn’t agree to overhaul the post-Brexit trade rules. Johnson blamed the political crisis that has been obstructing NI from forming a new government.<img src="https://images.aposto.com/2022/4/1/1652731697978.jpeg" style="display: block; vertical-align: top; margin: 5px auto; text-align: center; width: 100%; max-width: 550px; border-style: none; position: relative; cursor: pointer; padding: 0px 1px; box-sizing: border-box;" ratio="1.79" width="550" alt="Northern Ireland protocol" fr-original-style="display: block; vertical-align: top; margin: 5px auto; text-align: center; width: 100%; max-width: 550px;" fr-original-class="fr-draggable">Phil Noble/File Photo<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Behind the scenes: After the Irish nationalist Sinn Fein won the most seats in a new Assembly election this month, Democratic Unionist Party refused to form a government, let alone the assembly to sit, until the UK scrapped the NI protocol. Johnson urged the leaders of both political parties to get back to work and "focus on everyday issues." While the DUP wants the Protocol scrapped, most other parties in Northern Ireland want to keep it.</li><li fr-original-style="" style="box-sizing: border-box;">The backstory: The protocol that came into effect in 2021 allowed Northern Ireland to access the EU single market and was designed to avoid the need for customs checks between NI and the Republic of Ireland following Brexit. However, it subjected the goods moving into NI from Britain to customs checks if they have the chance of being later moved into the EU. British officials criticized the protocol for effectively creating a sea border between NI and the rest of the UK, one that causes major harm to businesses in NI.</li></ul>

• <a fr-original-style="" href="https://www.bbc.com/news/uk-northern-ireland-61355419" rel="noopener noreferrer" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">Irish republican party Sinn Féin</a>, which advocates for Irish reunification, won 27 seats in the Northern Ireland elections, making it the largest party in the assembly for the first time and pushing the Democratic Unionist Party into second place. A unionist party has had the most seats at Stormont since Northern Ireland was formed in 1921.<img src="https://images.aposto.com/2022/4/0/1652037395497.jpeg" style="display: block; float: none; vertical-align: top; margin: 5px auto; text-align: center; width: 100%; max-width: 550px; border-style: none; position: relative; cursor: pointer; padding: 0px 1px; box-sizing: border-box;" ratio="1.51" width="550" fr-original-style="display: block; float: none; vertical-align: top; margin: 5px auto; text-align: center; width: 100%; max-width: 550px;" fr-original-class="fr-draggable">via Reuters

Democratic Unionist Party ile ilgili hikayeler