On 17 October 2019, the United Kingdom and the EU approved a revised agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, approved by Heads of State and Government at an extraordinary European Council, a legally binding document, provisions on the EU-UK ”Divorce Agreement” and the transitional period (agreements). The agreement provides for a transitional period that will last at least until 31 December 2020. During this period, the UK will remain within the EU customs union and the internal market, and most EU legislation would continue to apply to the UK, but the UK will lose the ability to participate in EU legislation and the benefits of free trade agreements (FTAs) that the EU has with third countries. In order for the UK to continue to benefit from these free trade agreements during the transition period, the UK needs the agreement of the EU and all third countries. In practice, trade in goods and services between the EU and the UK will therefore not be significantly affected during the transition period. If the Withdrawal Agreement is approved, a European law (Withdrawal Agreement) will be introduced to transpose the Withdrawal Agreement into UK law. Following the library`s briefing paper, The User`s Guide to the Meaningful Vote, this document provides an updated overview of the national constitutional requirements for the ratification of the Withdrawal Agreement. This briefing deals in detail with the Withdrawal Agreement negotiated between the EU and the UK and concluded on 14 November 2018. It was endorsed by the heads of state and government of the EU member states at an extraordinary European Council on 25 November and the British Prime Minister promoted it in the British Parliament and throughout the country. The agreement has been the subject of several in-depth debates in Parliament and has been voted on three times. But the House of Commons did not approve it.
A second Extension of Article 50 lasted until 31 October 2019, but once again the UK faces the possibility of leaving the EU without a deal if this or any other deal is not ratified by the UK and the EU. The Northern Ireland Protocol, known as the ”Irish backstop”, was an annex to the November 2018 draft agreement outlining provisions to avoid a hard border in Ireland after the United Kingdom`s withdrawal from the European Union. The Protocol contained a safety net provision to deal with circumstances in which satisfactory alternative arrangements have yet to enter into force at the end of the transitional period. This project has been replaced by a new protocol which will be described as follows. The agreement defines the goods, services and processes related to them. It argues that any product or service lawfully placed on the market before leaving the Union may continue to be made available to consumers in the United Kingdom or in the Member States of the Union (Art. 40 & 41). After the entry into force of the MAP, the Withdrawal Agreement must also be ratified by the European Parliament. Part Six sets out the institutional arrangements underlying the agreement and how to resolve disputes over VA.
The main changes to the sixth part of the March 2018 draft concern disputes relating to the agreement itself, which the Commission had initially proposed to be settled by the ECJ if it could not be resolved in the Joint Committee. Rather, the November draft proposes, in Article 170, that all disputes that are not settled in the Joint Committee be brought before an independent arbitral tribunal which will make a binding decision on the dispute. . . .