he European Union is suing Britain. It was inevitable. The EU alleges the very process of drafting the Internal Market Bill violates a UK treaty obligation to conduct the separation talks “in good faith” (though the British whisper much the same about the EU’s supposed “extreme” threats to stop food imports into Northern Ireland). The EU further warns that if the Internal Market Bill is not altered it will be in active breach of the Ireland/Northern Ireland Protocol in the UK-EU Withdrawal Agreement (WA), a legally enforceable treaty. The EU has triggered the dispute procedure even before the end of the transition period. Thus, the EU Commission has issued a “letter of notice” giving the British a month to respond.
Not the best start to Britain’s post-Brexit relationship with the EU, then, whoever happens to be right. The Dutch premier, Mark Rutte, has applied an optimistic spin to proceedings, arguing that such administrative activity, rather than the political kind, will tend to ease tensions. The “infringement” action will in any case take all involved past the end of the transition period, and the ultimate judgement may we’ll have no effective legal force if the “sovereign” UK chooses to ignore it (leaving aside reputations damage).
Yet these current ructions are signs of an increasingly sour relationship, and there are also substantial grounds for pessimism.
