Having entered the transition stage of the Article 50 process Boris Johnson will now negotiate Britain’s future relationship with the EU. This stage will come to an end on the 31st December this year at which point the UK will officially leave the EU and its regulations. It is Boris Johnson’s aim to have secured a trade deal with the EU by that point. However, in a letter to EU chiefs from former diplomat Sir Peter Marshall, he claims that the Brexit talks could be undone by the political declaration and withdrawal agreement both being deemed ‘fraudulent’.
Writing the letter to Ursula von der Leyen, Charles Michael and David Sassoli, Sir Peter claims that the Article 50 process as it has been followed would be deemed illegal if it came before the European Court of Justice. The problem is that, once Article 50 is activated, as set out in the provisions of the treaty, it states “the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship”.
In contrast, as set out in the guidelines of withdrawal adopted by the European Council, “other issues still require agreement and negotiations can only progress as long as all commitments are undertaken so far are respected in full” which Sir Peter argues is in “flagrant contravention of the provisions of Article 50.”
Sir Peter also argues that the EU has breached the principle that ‘nothing is agreed until everything is agreed’ by moving forward with negotiations.
So by putting the guidelines for negotiations ahead of the requirements of Article 50 Sir Peter argues that the EU is in breach of its own rules. Overall by moving on to trade negotiations Sir Peter claims the EU has overridden the provisions of Article 50.
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(2) Without Britain, the European Union Lurches Towards Its Own Army
(3) Leo Varadkar on brink: Last chance saloon for PM before shock second Irish election
(4) China ready for game-changing trade deal with UK after President Xi phone call with Boris
(5) EU demands even TOUGHER conditions on trade deal in latest slap down to UK
