Dispute over “foreign judges” with the EU: what Sunak’s Northern Ireland deal means for Switzerland Bisensturm reaches peak wind gusts of more than 130 km/h in western Switzerland

Two years after Britain left the European Union, the dispute over Northern Ireland has also been settled. In Windsor near London, British Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen spoke of a “decisive breakthrough” and “a new chapter” now opening between “allies, trading partners and friends”.

Von der Leyen called the agreement “historic” and said it would put the relationship back on track. She promised the green light for Britain’s currently blocked participation in EU research cooperation (see box).

“Windsor Framework Agreement” paves the way

The dispute over the so-called “Northern Ireland Protocol” stems from the fact that Northern Ireland, unlike the rest of the United Kingdom, remains within the EU’s internal market. This is to avoid a hard border in the former civil war zone. As a result, a new customs border with the English main island was created. Loyal to London, Unionists in Northern Ireland feared this would cut them off from the UK.

Now von der Leyen and Prime Minister Sunak have presented a solution after months of back and forth. Specifically, the deal, which Sunak called the “Windsor Framework Agreement”, means that goods destined for Northern Ireland will no longer be controlled by Britain. Via a so-called “green track” you enter the country directly. Only British products that are further exported to the EU via Northern Ireland must go through customs. This eliminates most border controls.

Northern Ireland will be given an “emergency brake” to remedy the democratic deficit

The role of the European Court of Justice (ECJ) was discussed even more than the practical problems. Because EU law continues to be applied in Northern Ireland, it retains jurisdiction under the exit deal concluded three years ago, which Brexit hardliners refer to as the “colonial rule”.

Concessions have also been made to them in the deal that has now been concluded. Most importantly, Northern Ireland’s National Assembly will be given the tool of an “emergency brake” that will allow it to stop the passage of new EU legislation under certain circumstances. That would solve the “democratic deficit” and preserve Northern Ireland’s sovereignty, Sunak said.

However: The basic jurisdiction of the highest European court remains unchanged. Von der Leyen: “In fact, the European Court of Justice is the sole and ultimate arbiter when it comes to EU law.”

This is interesting for Switzerland because the European Court of Justice has been a hot topic here for years under the heading of “foreign courts”. The draft institutional framework agreement presented at the end of 2018 also envisaged a role for the ECJ in the dispute settlement mechanism.

However, the ECJ is rejected by both the right-wing circles and the trade unions. In the ongoing exploratory talks, the Bundesrat aims to exclude the ECJ from sensitive policy areas such as wage protection or EU citizens’ rights. The fact that the EU is now not taking any steps in the follow-up negotiations with Great Britain should not go unnoticed. (aargauerzeitung.ch)