C 342/82
EN
Official Journal of the European Union
6.9.2022
Wednesday 16 February 2022
7.
Considers that the swift and firm identification of the priorities in the context of the withdrawal of the UK from the Union, and in particular, the protection of the rights of the millions of EU citizens in the UK and UK nationals in the EU affected by the withdrawal, the special circumstances confronting the island of Ireland and a single financial settlement were key in structuring the process and stabilising its impact in the Union; considers, however, that there should have been more clarity during the negotiations regarding the resolution of any disputes that might arise from the application of the withdrawal agreement, particularly in regard to the role of the CJEU;
8.
Believes that the clear division of tasks among the institutions and the unprecedented inclusive and transparent approach of the Commission and its Chief Negotiator, including towards Parliament, were paramount in maintaining consistency and unity within the EU and among its Member States, in promoting the EU’s priorities and interests in the negotiations and in safeguarding the integrity of the legal order of the Union;
9.
Commends the main institutional actors for having safeguarded unity among the 27 Member States as well as within and among the Union institutions, which respected the nature of the withdrawal as a Union process;
10.
Believes that the Union’s interests have been protected thanks to strategic organisation and conditionality between the various stages of the procedure; recalls, in particular, the sequencing of the negotiations, which started with an agreement on the withdrawal arrangements, then moved on to addressing the transitional period arrangements and then concluded with an agreement on an overall understanding on a new and close partnership between the EU and the UK on the basis of substantial progress in the negotiations on citizens’ rights, the issue of Ireland and Northern Ireland, the financial settlement and the justified and meaningful application of the extension of the period referred to in Article 50(3) TEU;
11.
Appreciates that the negotiations with the United Kingdom prioritised the issue of the rights of citizens, which is and will remain a major concern, and that this chapter of the withdrawal arrangements was agreed rather early in the negotiations, as the initial version of the draft Withdrawal Agreement of 19 March 2018 contained an entirely agreed Part Two on citizens’ rights, including on the direct effect of its provisions, and on the jurisdiction of the CJEU on the relevant provisions on citizens’ rights;
12.
Stresses that the Union clearly identified from the outset of the process that the specific circumstances of the island of Ireland and the need to safeguard the Good Friday Agreement and mitigate the effects of the United Kingdom’s withdrawal on Ireland were issues that concerned the EU as a whole;
13.
Considers that the time-limited transitional period with the continued application of existing EU regulatory, budgetary, supervisory, judicial and enforcement instruments and structures following the withdrawal was in the interest of both parties and facilitated the negotiation of and bridging to the future relationship;
14.
Recalls that the framework for the future relationship between the EU and the UK is laid down in the Political Declaration accompanying the Withdrawal Agreement, which includes clear provisions established by both parties on cooperation in the areas of foreign policy, security and defence;
15.
Regrets that the legally non-binding nature of the Political Declaration gave the UK the legal grounds to not engage with crucial parts of its content, in particular those relating to foreign and security policy, which therefore formed no part of the negotiations;
The withdrawing Member State
16.
Believes, nevertheless, that the withdrawal process was characterised, on the part of the UK, by protracted uncertainty from the outset, until the end of the negotiations, which was reflected among others in the gap of time between the referendum and withdrawal notification under Article 50 TEU; believes that this uncertainty impacted citizens and economic operators, in particular those on the island of Ireland; considers that raising the spectre of a no-deal withdrawal endangered the prospects of an orderly withdrawal;