After an unprecedented vote on 4 December 2018, MPs decided that the UK government was not respecting Parliament because it refused to give Parliament the full legal advice it had received on the impact of its proposed withdrawal conditions. [29] The central point of the opinion concerned the legal effect of the Backstop Agreement on Northern Ireland, the Republic of Ireland and the rest of the United Kingdom with regard to the customs border between the European Union and the United Kingdom and its impact on the Good Friday Agreement that led to the end of the unrest in Northern Ireland, and in particular on the security of the United Kingdom, to be able to leave the EU in practice, in accordance with the draft proposals. 2. In the event of disagreement between the Union and the United Kingdom on the reasonable period of time to comply with the arbitration panel`s decision, the claimant shall, within forty days of the notification by the respondent referred to in paragraph 1, request in writing the original arbitration panel to fix the duration of the reasonable period of time. This request shall be communicated simultaneously to the defendant. The arbitration panel shall communicate to the Union and the United Kingdom its decision on the time limit for compliance within forty days of the filing of the request. Article 36 on parliamentary sovereignty is of dubious legal importance. Mike Gordon, a professor of constitutional law at the University of Liverpool, for example, said in an article for the UK Constitutional Law Association that it is “difficult to see that it has a practical effect on reducing the effective legal status of the obligations arising from the Withdrawal Agreement into national law”. For example, the phrase “it is recognised” in the clause indicates that it is a political statement on the UK`s constitutional standards and not a new compatible rule. In 2017, the Supreme Court of the United Kingdom, in R (Miller) against the Secretary of State for Leaving the EU, considered the meaning of the phrase “it is recognised” in a legal provision.

It concluded that the articulation of the Sewel Convention (in the Scotland Act 2016) was only intended to recognise an existing constitutional norm rather than to make its status a new legal norm. 1. The United Kingdom shall be responsible for the part of payments necessary to honour any commitments of the Union in relation to matters relating to the financial interests of the Union related to the budget, in particular as regards Regulation (EC, Euratom) No 2988/95 or legal affairs arising from the implementation of Union programmes and policies; provided that the facts which are the subject of these cases have occurred by 31 December 2020 at the latest. . .

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