The Withdrawal Agreement, Part Six

Abstract

This chapter describes Part Six of the Withdrawal Agreement, which contains the Institutional and Final Provisions. In order to ensure the UK’s orderly withdrawal from the EU, the Parties decided that, after the end of the transition period, in well described circumstances, Union law should continue to apply to legal situations created and procedures started while Union law was applicable; in particular, it was agreed that citizens who had exercised their right to take up residence in another Member State should continue to benefit from the protection offered by Union law. This led to the insertion in the Withdrawal Agreement of a number of safeguards, aimed, in essence, at ensuring that the rules of Union law referred to in the Withdrawal Agreement would be interpreted, applied, and enforced consistently in the Union and the UK. The chapter then studies Title I of Part Six, on Consistent Interpretation and Application, which is applicable from the end of the transition period. The provisions under Title I are not the only provisions aimed at ensuring consistency in the interpretation and application of the Agreement. In this respect, the continued role of the Court of Justice of the European Union should be highlighted.