Lang, Richard Author aut Text xx# 2020 Verfassungsblog 2020-10-21 eng

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In the last few weeks, little more has been said about the infringement action launched by the Commission against the UK at the beginning of October for failure to fulfil obligations under EU law in relation to the Withdrawal Agreement.  However, not only has this not gone away, but the recent ratcheting up of ‘no deal’ tensions means that a claim may soon be made on the so-called insurance policy (the controversial clauses in the UK Internal Market Bill), turning the threatened breach into an actual one.  After the Bill becomes law, and assuming that the controversial clauses remain, a minister may use those clauses to pass a statutory instrument, for example, forbidding any checks to be carried out on goods travelling from Great Britain into Northern Ireland.  Some would argue that the threat is bad enough and itself justifies an infringement action.  That may be so.  However, the Commission’s action is still premature. CC BY-SA 4.0 Lang, Richard brexit Infringement Procedure internal market bill Withdrawal Agreement 342 https://verfassungsblog.de/a-draft-is-no-infringement/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20201021-233450-0 201021 10.17176/20201021-233450-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)