Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
So basically the EU can do as it wants and refer any dispute to a non-existent dispute resolution process until such time as it gets the Director-General it wants and the US government agrees the appointment of appeals judges. A lot depends on what happens in the US in November, but right now chaos reigns...

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Thu Sep 10th, 2020 at 12:05:00 PM EST
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EU tells UK: drop Brexit plans to break law or face sanctions  - Guardian
According to an EU legal opinion, leaked to the Guardian, the commission believes Johnson's government has already breached the terms of the treaty just by taking the first steps to pass a new law that would negate key parts of the withdrawal agreement signed last year.

"Already by tabling the draft bill and pursuing the policy expressed therein, the UK government is in violation of the good faith obligation under the withdrawal agreement (article 5) because this bill jeopardises the attainment of the objectives of the agreement," the commission lawyers write.

The commission has advised the 27 EU capitals that there are therefore grounds for the bloc to take "legal remedies" through the European court of justice before the end of the transition period, leading to significant fines or potential trade sanctions.

The legal opinion goes on to say that should the legislation actually be adopted it would be in "clear breach of substantive provisions of the protocol" in waiving any export procedures or formalities on the trade of goods from Northern Ireland to Great Britain and in restricting the application of EU state-aid rules in the case of Northern Ireland.

by Bernard on Thu Sep 10th, 2020 at 05:25:12 PM EST
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And there is the foundation for the EU dumping the WTO with regard to the UK: You breached the specific agreement, so you lose any fallback protection you had in the general.
by rifek on Wed Sep 23rd, 2020 at 03:50:53 PM EST
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