[pip08456]

Another interesting take on the NI Protocol from The Spectator.

It is fair to also highlight that the EU is far from blameless. It wrongly asserts, quite often, that it can sue the UK. It itself violated the rule of law when it was upset about having poorly implemented its vaccine programme.

Now that we’ve left, does any of this matter to us? I think it does. In between Christmas and New Year, I read the EU/UK treaty, as you do. Being a melodramatic fellow, I distinctly remember getting to page 356 and saying out loud, ‘oh, that’s curious’.

On page 356 you find Article LAW.OTHER.137: Suspension. The article numbering is irritating even to lawyers. But what this article says is:

“‘In the event of serious and systemic deficiencies within one Party as regards the protection of fundamental rights or the principle of the rule of law, the other Party may suspend this Part or Titles thereof, by written notification through diplomatic channels. Such notification shall specify the serious and systemic deficiencies on which the suspension is based.’

This is why we are involved. This particular chunk of the Brexit deal can be suspended in the event of ‘serious and systemic deficiencies’ in the EU that harm the rule of law. With both Poland and Germany now in open defiance against the EU legal framework, the rule of law crisis in the EU is now both serious and systemic. And even if the EU is right and Poland wrong, it’s still a serious rule of law breach.

https://www.spectator.co.uk/article/...he-brexit-deal