The final UK/EU renegotiation deal: legal status and legal effect

Author (Person)
Series Title
Series Details 21.02.16
Publication Date 21/02/2016
Content Type

Is the 19 February 2016 deal on renegotiation of the UK’s EU membership legally binding? If so, what does that mean exactly? In particular, is the deal ‘legally binding and irreversible’, as David Cameron had pledged? ...

... in part it’s an issue about the very legal nature and legal nature of the deal itself. Some on the Leave said have already said that it’s not legally binding. So is it binding? And if so, what exactly is its legal effect in practice? ...

The answer to those questions is complicated, because there are several different parts of the deal, taking different legal forms. For each part, the legal status depends on several different factors: when the text would be adopted; who would have to approve it; whether the EU courts have power to overturn it, and whether they are likely to do so; and whether the text could be repealed or amended in future...

This blog post looks first at the legal form of the agreement. Then the author examines, based on prior experience, whether the EU can be ‘trusted’ to implement the draft deal. Finally, the author provides, in one table, his assessment indication of the extent to which each of the parts of the draft deal are ‘legally binding and irreversible’, based on the factors mentioned above.

Source Link http://eulawanalysis.blogspot.co.uk/2016/02/the-final-ukeu-renegotiation-deal-legal.html
Related Links
ESO: Background information: The draft UK/EU renegotiation deal: is it 'legally binding and irreversible'? http://www.europeansources.info/record/the-draft-uk-eu-renegotiation-deal-is-it-legally-binding-and-irreversible/
Full Fact, 17.02.16: Explaining the EU deal: is it legally binding? https://fullfact.org/europe/explaining-eu-deal-it-legally-binding/
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
ESO: Background information: A new settlement for the United Kingdom in the EU http://www.europeansources.info/record/european-council-brussels-18-19-february-2016-a-new-settlement-for-the-united-kingdom-in-the-eu/
The Conversation, 25.02.16: Fact Check: Is the EU deal legally binding? https://theconversation.com/fact-check-is-the-eu-deal-legally-binding-55327

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