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Agreed, but the UK doesn't need the ECJ to decide whether it broke the treaty: They announced their intention to do so from the get go, and have since announced further legislation breaking the Treaty.

And even if, in a few years from now, the ECJ actually rules against the UK, how could its ruling be enforced if the UK decides, again, to break the the arbitration clause and just ignores the ruling?

Sooner or later this comes down to enforceability, and in the absence of voluntary compliance, the only recourse is punitive sanctions, or at the very least, UK exclusion from WTO trading rules.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Thu Oct 1st, 2020 at 06:10:43 PM EST
[ Parent ]
the UK doesn't need the ECJ to decide whether it broke the treaty
The UK doesn't, but the EU does: as Luis mentions, they are playing by the book; once the UK has been determined by the court to have breached the agreement, then the EU has legal air cover to move forward to appropriate measures to protect the integrity of the single market.
by Bernard on Thu Oct 1st, 2020 at 06:50:42 PM EST
[ Parent ]


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