The Brexit Britons are spitting Switzerland in the EU soup. Red Crescent would have resold tents for earthquake victims

You almost felt like nothing ever happened. Ursula von der Leyen, President of the European Commission, received a warm welcome on Monday from British Prime Minister Rishi Sunak in Windsor, the picturesque town not far from London with its imposing castle. There von der Leyen later met King Charles for “tea time”.

The sometimes bitter divorce war between the UK and the European Union following the Brexit vote in June 2016 seemed almost forgotten. It ended with the final departure at the end of 2020. After that, a free trade agreement negotiated by then Prime Minister Boris Johnson came into effect, including a special rule for Northern Ireland.

To avoid border controls with the Republic of Ireland, which would have jeopardized the 25-year-old but still fragile peace in the British provinces, Northern Ireland effectively remained within the EU’s single market. A customs border was created in the Irish Sea, i.e. within the kingdom, which drove the pro-British loyalists mad.

Government blocked in Northern Ireland

The largest party, the Democratic Unionist Party (DUP), has been blocking the formation of a regional government in Belfast for months. As an ultimatum, she called for the withdrawal of the so-called Northern Ireland Protocol. Prime Minister Johnson proposed legislation that would have allowed the treaty to be changed unilaterally, in violation of international law.

The current Prime Minister, Sunak, voted for Brexit in 2016. Unlike Johnson and his short-term predecessor Liz Truss, he is a pragmatist and has negotiated a new deal with the EU, presented by von der Leyen on Monday. It is called the “Windsor Framework” i.e. the Windsor Framework Agreement.

Time and time again the ECJ

Some Swiss might prick up their ears when hearing this term. She remembers the institutional framework agreement that was reached after a hard battle with the EU and that was buried unilaterally and without consultation of parliament and the cantons by the Federal Council almost two years ago after equally hard domestic consultations.

Since then, Switzerland and the EU have been fighting for a new start. Conversations are, well, slow. New negotiations are not yet ready for a decision. The main reason for the failure of the agreement was the role of the European Court of Justice (ECJ) in Luxembourg. Brussels demanded that he have the last word in the dispute over the application of EU law.

Divorce vs Partnership

The political parties, with the exception of the Green Liberals, therefore fought against the framework agreement. The trade unions feared the accompanying measures against wage dumping, the bourgeoisie feared the sovereignty of Switzerland. For the EU, however, it was a matter of principle. For them, the ECJ is the highest authority when it comes to the interpretation of EU law.

The British could not escape this. It is true that Britain and Switzerland cannot be compared directly. “The British want a divorce, while we aim for a registered partnership with Switzerland,” spokeswoman for former EU Commissioner Jean-Claude Juncker told Watson.

Emergency brake for the British

In both cases, however, it is in principle about the application of EU law, either in Northern Ireland or in the bilateral agreements with Switzerland. The EU made concessions to the British in some areas. The framework agreement even includes a veto right for the governments of Northern Ireland and the UK over the application of new EU laws.

Named after the seat of Northern Ireland’s government “Stormont Brake”, this emergency brake may only be pulled under certain specifications and “extremely exceptional circumstances”. And Ursula von der Leyen stressed on Monday that the European Court of Justice “remains the sole and ultimate arbiter when it comes to EU law”.

Difficult precedent

This could lead to discussions, but is quite close to the arrangement in the framework agreement with Switzerland. Most parties, with the exception of the SVP, recognize that the ECJ cannot be completely excluded from dispute resolution, as the Brexit hardliners and the DUP actually wanted to do for Northern Ireland.

However, with the Windsor Framework Agreement, there is a precedent that Switzerland, despite all the differences, will find difficult to circumvent. Rishi Sunak tried to play down the impact in Belfast on Tuesday. Only about 3% of EU law will apply in Northern Ireland. His role is “small and limited”.

Sunak hopes for a majority

At the same time, the Prime Minister had to admit that there would still be customs controls between Northern Ireland and Great Britain (this term actually only applies to the main island), albeit on a much smaller scale. Nevertheless, the initial reactions, including in right-wing, anti-EU newspapers, were largely positive.

Rishi Sunak wants to get the treaty through the House of Commons with a large majority of his Conservatives. Observers interpreted the appearance with Ursula von der Leyen as indicating that he was safe. Boris Johnson, who is scheming behind the scenes against his successor, who is notoriously weak in leadership, has not yet responded.

Cassis meets Šefčovič

Some EU skeptics in Switzerland may be secretly hoping that the Windsor deal will ultimately fail. However, the British economy, already suffering from the consequences of Brexit, is putting pressure on it. In addition, the UK will have full access to the Horizon Europe research programme, from which Switzerland will remain excluded.

On March 15, Maroš Šefčovič, Vice-President of the European Commission, will give a lecture at the University of Friborg. The Slovak is responsible for relations with Switzerland and will meet Foreign Minister Ignazio Cassis on that occasion. At best, both parties could agree to start official negotiations.

It was the EU that pushed for a meeting, while Switzerland slammed the brakes. She will not be able to hope for major concessions from Brussels yet. Because Maroš Šefčovič was also the EU chief negotiator in the “Windsor Framework”.