What are the legal remedies the EU could use if the UK broke the withdrawal agreement?

Maros Sefcovic, European Commission vice president, has threatened the UK with legal action if it breaks international law: John Rentoul explains the EU’s options

Sunday 13 September 2020 16:49 BST
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Sefcovic heads up the joint committee alongside Michael Gove
Sefcovic heads up the joint committee alongside Michael Gove (Reuters)

The European Commission responded furiously to the publication of the UK Internal Market Bill last week because it gives ministers the power to set aside some of the provisions of the withdrawal agreement by which the UK left the EU in January.  

Maros Sefcovic, the commission vice-president, demanded a meeting with Michael Gove, the Cabinet Office minister, in London, and “reminded” him that the withdrawal agreement “contains a number of mechanisms and legal remedies to address violations of the legal obligations contained in the text – which the European Union will not be shy in using”.

But what are these “mechanisms and legal remedies”? He said there were a number of them, although that number is two. One is the Court of Justice of the EU, which retains the right to adjudicate on matters of EU law insofar as they affect the withdrawal agreement.  

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