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However, the UK and the EU have issued a common “political declaration” which is not legally binding, but contains consensual intentions for the negotiation of a future trade agreement. This document states that a dispute arising from a future trade agreement should not be referred to the European Court of Justice unless it refers to an interpretation of EU law. The role of the European Court of Justice must therefore be reduced. The agreement was revised as part of the Johnson Department renegotiation in 2019. The amendments fit about 5% of the text. [22] The most important elements of the draft agreement are:[21] After an unprecedented vote on 4 December 2018, MEPs ruled that the British Government was not respecting Parliament because it refused to give Parliament full legal advice on the impact of its proposed withdrawal terms. [29] The focus of the consultation was on the legal effect of the “backstop” agreement for Northern Ireland, the Republic of Ireland and the rest of the United Kingdom with regard to the CUSTOMS border between the EU and the United Kingdom and its impact on the Good Friday agreement that led to the end of the unrest in Northern Ireland, including whether , according to the proposals, the UK would be certain that it would be able to leave the EU in a practical sense. This insight explains the ECJ`s role in the UK during the transition period and beyond. The 2019 revisions also adapted elements of the political declaration and replaced the word “appropriate” with “appropriate” with respect to labour standards. According to Sam Lowe, a trade fellow at the Centre for European Reform, the amendment excludes labour standards from dispute resolution mechanisms. [27] In addition, the Equal Competition Mechanism has been postponed from the legally binding withdrawal agreement to the political declaration,[24] and the line of the political statement that “the United Kingdom will consider taking into account alignment with trade union rules in the relevant areas” has been removed. [26] The EU had originally wanted the European Court of Justice to settle all disputes, but this was changed in the current body, while Theresa May was negotiating her version of the withdrawal agreement.
The 599-page withdrawal agreement covers the following main areas:[16] This means that the role of the European Court of Justice in resolving disputes in a future trade agreement will likely depend on the level of EU law in this trade agreement. The UK`s intention to be outside the EU customs union and internal market means that the European Court of Justice will no longer have jurisdiction to settle disputes in these areas. The agreement covers issues such as money, citizens` rights, border agreements and dispute resolution.