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I hope you got it out of your system with the first draft. Now drop paragraph 2. You can't accuse him of personal insults and then let fly with a volley of your own.

You are absolutely right. The GFA's final arbiter is the ECJ. The UK wants to pretend that that the border is a UK-only issue, but it's not. The Republic is equally involved and the official counter-party is the EU. To believe that a British High Court under the aegis of UK Home Secretaries who have made no secret of their willingness to put a thumb on the scales to get a  desired result would be a natural repository for decisions on an EU matter beggars belief.

Especially when the official guarantor of the deal is the USA who have made it very plain that no change is the desired result

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Wed Oct 20th, 2021 at 07:11:47 PM EST
The ECJ has no role in relation to the GFA as it is not a part of EU law. Part of the problem with the GFA is how to enforce it as a reference to the ICJ in the Hague could take years and it has no means to enforce its rulings... So we are relying essentially on the political support of the US and EU to make it stick.

However the ECJ is the final arbiter on the Withdrawal Agreement and the Protocol and this is what Frost claims to want to change. I doubt he thinks there is any prospect of the EU agreeing to this, but he is just throwing sand in their eyes in the hope of gaining concessions elsewhere.

Frost claims that many trade deals have neutral arbitration agreements or courts to settle disputes, but the Protocol is part of the Withdrawal Agreement, not the Trade and Cooperation Agreement with the EU, and thus it is a political rather than trade deal.

Anyway what is Frost offering in return? Why should the EU make concessions to him, except to help solve genuine problems in N. Ireland, where no one (other than the DUP) has a problem with the ECJ.

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Oct 20th, 2021 at 07:40:11 PM EST
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