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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.

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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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