The Island of Ireland and ‘Brexit’ – A Legal-Political Critique of the Draft Withdrawal Agreement

16 Pages Posted: 1 Apr 2018 Last revised: 24 Jun 2018

See all articles by Dagmar Schiek

Dagmar Schiek

University College Cork; Queen's University Belfast - School of Law, Centre of European and Transnational Studies; Queen's University Belfast; University of Bremen (- 10/1999); University of Leeds - up to 10/2014

Date Written: March 20, 2018

Abstract

Based on a legal analysis of the position of the island of Ireland in the draft withdrawal agreement, this paper argues that the draft does neither fully protect socio-economic and civic cooperation between on the island of Ireland, nor do justice to the Agreement concluded in Belfast o Good Friday 1998 (the 1998 Agreement). While the common regulatory area is an ingenious proposal to keep Northern Ireland in the Customs Union as well as the EU Internal Market for goods (including agricultural goods and electricity), the fledgling service economy on the island of Ireland remains unprotected, as well as civic cooperation and an all-island services of (social) general interests such as (higher) education and health care. As a consequence, even the second draft falls short of fully safeguarding North-South cooperation on the island of Ireland. If that is to be achieved, Northern Ireland will have to remain not only in the Customs Union, but also in the Internal Market and covered by the EU citizenship acquis, including the anti-discrimination acquis. However, if Great Britain does not follow the same course, the existing constitutional divergence between Northern Ireland and Great Britain will become more pronounced. The draft is thus testimony to the decisive role of common EU membership of the UK and Ireland for safeguarding the 1998 Agreement.

Keywords: Brexit, European Union, Northern Ireland, Withdrawal Agreement, Citizen's Rights, Good Friday Agreement

Suggested Citation

Schiek, Dagmar G., The Island of Ireland and ‘Brexit’ – A Legal-Political Critique of the Draft Withdrawal Agreement (March 20, 2018). Queen's University Belfast Law Research Paper No. 2018-05, Available at SSRN: https://ssrn.com/abstract=3150394 or http://dx.doi.org/10.2139/ssrn.3150394

Dagmar G. Schiek (Contact Author)

University College Cork ( email )

School of Law
Aras na Laoi, College Road
Cork, County Cork
Ireland
00353 (0)21 490 3106 (Phone)

HOME PAGE: http://research.ucc.ie/profiles/B012/dagmar.schiek@ucc.ie

Queen's University Belfast - School of Law, Centre of European and Transnational Studies ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

HOME PAGE: http://https://pure.qub.ac.uk/en/persons/dagmar-schiek

Queen's University Belfast ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

HOME PAGE: http://https://pure.qub.ac.uk/en/persons/dagmar-schiek

University of Bremen (- 10/1999)

Bremen
Germany

University of Leeds - up to 10/2014 ( email )

Leeds, LS2 9JT
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
98
Abstract Views
804
rank
372,384
PlumX Metrics