Can The Withdrawal Agreement Be Extended

The big challenge, of course, would be to make this “comprehensive framework agreement” comprehensive enough to form a trade agreement for WTO purposes, while at the same time allowing time for further detailed negotiations between the UK and the EU so that the UK government can say that this is not just an extension of the current transition period. The British Parliament passes a law requiring the UK government to ask for a postponement of Brexit if there is no deal with the EU by 19 October 2019. Financial liquidation is not a fixed amount, but an agreed method for calculating the cost of these commitments. The methodology is based on principles based, among other things, on the fact that no Member State should pay more or less because of the UK`s withdrawal. In his commentary on the Vienna Convention, Philippe Sands called Article 39 a “general and permanent rule” (commentary, point 15), and the treaties were amended on the basis of Article 39 by oral agreements of ministers, the exchange of diplomatic notes and resolutions (commentary, point 33). On this basis, I affirm that a decision taken in the Joint Committee constitutes an agreement by mutual agreement within the meaning of Article 39 of the Vienna Convention and that it is sufficient to amend the withdrawal agreement to allow an extension of the transition period after 1 July 2020. On 17 October 2019, the UK and the EU agreed on the terms of the UK`s exit from the EU (Brexit) and a transitional period until 31 December 2020. The Joint Committee (JC) is a body created by the withdrawal agreement. Article 166 of the VA stipulates that CCS decisions must be made within the framework of the “mutual consent” of the UK and the EU. She met for the first time – by teleconference and not personally because of the coronavirus outbreak – on Monday, March 30, 2020. This is authorized by the agreement of the co-chairs in accordance with Article 4.2 of Schedule VIII of the VA.

A one-time extension of the transition period is possible. Such an extension may not exceed two years. It is expected to be the subject of a joint commission decision between the UK and the EU by 1 July 2020. The UK and the EU should agree on both the length of an extension and other conditions, such as the UK`s financial contribution to the EU budget for the extended period. After the adoption by the British House of Lords on 22 January of the European Union Withdrawal Agreement Act, the bill received royal approval from the Queen. The European Parliament approved the agreement on 29 January. Section 39 of the 2020 Act does not allow the government to change on the day of intellectual completion, as the transition is extended. Therefore, Parliament would have to pass new legislation to facilitate these amendments if an extension was agreed. Even if the transition period were extended, it would not be easy to navigate politically and legally. Firstly, the Council`s (EU) 2020/135 decision stipulates that the EU is represented by the European Commission in the Joint Committee and refers to the exercise of the Council`s decision-making functions in accordance with the treaties, including the european Union`s position in the Joint Committee (Article 2, paragraph 2). Therefore, the Commission can only act within the parameters of the EU`s position defined by the Council, i.e.

with the agreement of the Member States. In addition, the Council`s decision states that the European Parliament “will be able to fully exercise its institutional prerogatives throughout the process” (Article 2, paragraph 3). . One of the prerogatives is Parliament`s ability to “ask questions or make recommendations” to the Council and the High Representative (Article 36 of the TUE).