Annexes (Article 19)<\/li><\/ul>\n\n\n\nThe CJEU does not have a direct<\/i> role in this arbitration process. However, if there is a dispute between the UK and EU concerning the interpretation of an instrument of EU law, then the arbitration panel would \u201crequest the Court of Justice of the European Union to give a ruling on the question\u201d (Article 174(1)). Therefore, the CJEU could still have an indirect<\/i> role in determining the outcome of a dispute concerning the implementation of the Protocol, even in matters not explicitly covered by its continued jurisdiction.<\/p>\n\n\n\n
Are the mechanisms for the enforcement of the Protocol unconventional? <\/b><\/p>\n\n\n\n
It is fair to say that the enforcement mechanism(s) \u2014 CJEU jurisdiction and arbitration \u2014 created to oversee the implementation of the Protocol are unconventional. Jim Allister pointed out that international trade agreements normally define an independent arbitration process to settle disputes. Though it should be noted that the Withdrawal Agreement is not a trade agreement; it is an agreement to deal with the implications of the UK\u2019s withdrawal from EU Treaties it previously signed up to. And the Protocol is an appendix to this Withdrawal (not trade) Agreement, designed to address the \u201cunique circumstances\u201d on the island of Ireland created by the UK\u2019s decision to withdraw from the EU.<\/p>\n\n\n\n
Given the bespoke nature of both the Withdrawal Agreement and the Protocol, it may be unsurprising that the mechanisms for its enforcement and for the resolution of disputes should they arise, are sui generis<\/i> (unique) in international law terms.<\/p>\n\n\n\n
Is the CJEU the sole arbiter on all Protocol issues?<\/b><\/p>\n\n\n\n
No. But it is complicated. The CJEU is the ultimate arbiter on matters related to the implementation of certain<\/b> Articles of the Protocol (those that address customs, movement of goods, customs information exchange, technical regulations, VAT and excise, and state aid). For areas not explicitly covered, the CJEU retains a role within the agreed process of arbitration, interpreting EU laws as part of the process of settling disputes between the UK and EU over the implementation of the Protocol.<\/p>\n\n\n\n \n\n\n\n
FactCheckNI is Northern Ireland\u2019s first and only dedicated independent fact-checking service and a verified signatory<\/a> to the International Fact-Checking Network\u2019s Code of Principles<\/a>. You can learn more about about FactCheckNI<\/a>, our personnel<\/a>, what our article verdicts<\/a> mean, and how to submit a claim<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"The Court of Justice of the European Union is the ultimate arbiter on certain Articles of the Protocol, and has an indirect role in interpreting EU laws as part of the agreed arbitration process. During an interview on BBC Radio Ulster\u2019s The Nolan Show on 11 October 2021 (starts 23:43), the TUV leader, Jim Allister…<\/p>\n","protected":false},"author":2,"featured_media":21033,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[29,32],"tags":[45,264,283],"acf":[],"yoast_head":"\n
Is the Court of Justice of the EU the supreme court for all Protocol issues? - FactCheckNI<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n \n \n \n \n \n\t \n\t \n\t \n