35. These broad powers are intended to serve the same purpose as the bill itself, which is to bring into force the Withdrawal Agreement and the two related international agreements. According to Part 1 of the draft law, these powers are limited by the provisions of these agreements in the same way as the powers provided for in Section 2 of the European Court of Auditors by the provisions of Union law. However, because of their narrower purpose, they are narrower and more limited than the powers of Article 2 of the European Court of Auditors. If these powers were used to adopt legal instruments considered to be contrary to the provisions of the agreements, they would be legally open to challenge. The Protocol will enter into full force on 31 December 2020 (the end of the “transition period”), subject to any changes to an agreement on the future relationship between the EU and the UK. The Withdrawal Agreement between the European Union and the United Kingdom sets out the conditions for an orderly withdrawal of the United Kingdom from the EU in accordance with Article 50 of the Treaty on European Union. A challenge could result in financial sanctions against the UK or even allow the EU to take benefits from the UK under the agreements reached between them. Perhaps more importantly, the threat of legal action could derail negotiations on a future UK-EU RELATIONSHIP AGREEMENT, although a key element of the EU`s approach is that any challenge to the bill is separate from those negotiations, which it has pledged to pursue. These negotiations will continue for the time being. In the event that a party fails to comply with a panel decision, the agreement provides for certain “temporary remedies”, including the imposition of financial sanctions or the suspension of concessions to any provision of the agreement or to parts of another EU-UK agreement.22 Should there be an agreement on the future relationship between the EU and the UK at that time, If successful, the EU could be allowed to suspend elements of any agreement that would otherwise benefit the UK, such as the .
B lower tariffs on British products. 21.Although the UK has left the EU and the European Court of Auditors has been repealed, the Court`s framework will continue to apply until the end of 2020 in order to ensure the effective primacy of EU law during this period. This means that EU rules will currently apply to the UK during the transposition period, including the application of directly applicable EU law before the end of 2020. This rule also applies to all international agreements concluded by the EU and entering into force during the transposition period. In order to reinforce the principle of continuity, the new Section 1A(3)(e) provides that EU rules on customs duties and the Common Agricultural Policy (CAP) will continue to apply as before. This is expressly expressed “in order to avoid any impression that the draft law merely retains CAP regulations and customs duties, etc. as they entered into force at the time of withdrawal”. 23 24.The agreement allows the United Kingdom, during the transitional period, to “negotiate, sign and ratify international agreements concluded in its own capacity within the exclusive competences of the Union”, but these agreements “may enter into force or apply during the transitional period only if the Union has approved it”.28 The British Minister for Justice described the bill as an “insurance policy” or as “breaking the glass in emergency preparedness. The Justice Minister said the UK government would only invoke the powers in the bill if the EU and the UK failed to reach an agreement and the EU acted “inappropriately”.16 So it`s unclear exactly what might prompt the UK to use the powers conferred by the bill. It is also unclear how the safeguards in Article 16 of the Protocol could be applied, as they provide for unilateral action by the UK or the EU if the application of the Protocol “results in serious economic, social or environmental difficulties that may persist or trade diversion”.17 43.La clause 6 concerns the general implementation of the EEA-EFTA and Swiss Agreements. It reflects Article 5, which aims to ensure a uniform approach to the implementation of the three agreements. To do this, it inserts a new section 7B into the 2018 Act.
40. Clause 5 does not apply to section 4, Part 4, which is provided for in clauses 1 to 4. Clause 5 is a security provision to ensure that the provisions of the Agreement on the direct applicability of the Agreement to UK law42, the requirement that the Agreement must be interpreted in accordance with UNION law43 and the legal primacy of the Agreement apply to all aspects of the Agreement by not, where appropriate, doing not `conflicting or incompatible national provisions`. 44 There is also a provision that applies after the end of the implementation period: 19.The Draft Law amends the 2018 Law in relation to the retained EU law. The provisions on the conversion of EU law into retained EU law (§§ 2-4) and the primacy of the eu reserved right reservation (§§ 5-7) in national law will now enter into force at the end of the transposition period.21 18.The provisions of this part of the draft law should be read in parallel with the European Union (Withdrawal) Act 2018. .