The UK is trying to find a “legal solution to a political problem,” according to an EU27 diplomatic note seen by BuzzFeed News.
The UK is still looking for ways to change the substance of the Brexit deal agreed with the European Union despite having been repeatedly told that the withdrawal agreement cannot be reopened, according to a diplomatic note seen by BuzzFeed News.
Cox also proposed the concept of a new"mini backstop" that would limit the mechanism to only cover elements that relate to border infrastructure.The diplomats were told that the arbitration panel as suggested by Cox was an attempt to lower the bar for exiting the backstop by introducing notions such as “reasonableness.”
The withdrawal agreement already includes clauses to deal with disputes. An initial political consultation would take place in a joint committee, and either party can refer the dispute to an arbitration panel. The agreement sets out how the arbitration panel is to be established, how the arbitrators will be selected and the rules which govern its operation. However, if there is a question of interpreting EU law, the panel is obliged to refer the case to the European Court of Justice.
EU leaders have remained adamant that the withdrawal agreement cannot be reopened, and that the backstop is needed “unless and until” other workable solutions that achieve the same purpose are in place. The backstop is needed to both avoid a hard border in Ireland, and protect the integrity of the EU's single market after the UK leaves.
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