Good Friday Agreement Eu Law

The main problems that Sunningdale omitted and addressed in the Belfast Agreement are the principle of self-determination, the recognition of both national identities, Anglo-Irish intergovernmental cooperation and legal procedures to make power-sharing compulsory, such as inter-municipal voting and the D`Hondt system for appointing ministers for the executive. [24] [25] Tommy McKearney, a former IRA member and journalist, argues that the main difference is the British government`s intention to negotiate a comprehensive agreement by involving the IRA and the more intransigent unionists. [26] With regard to the right to self-determination, the jurist Austen Morgan cites two qualifications. Firstly, the transfer of territories from one State to another must be done through an international agreement between the British and Irish Governments. Secondly, the people of Northern Ireland can no longer bring a united Ireland alone; they need not only the Irish Government, but also the citizens of their neighbouring country, Ireland, to support unity. Morgan also pointed out that, unlike the Ireland Act 1949 and the Northern Ireland Constitution Act 1973, drawn up under Sunningdale, the 1998 Agreement and the resulting UK legislation explicitly provided for the possibility of a united Ireland. [27] The British government is virtually out of the equation and neither the British Parliament nor the British people have a legal right under this agreement to impede the achievement of Irish unity if they had the agreement of the people of the North and the South. Our nation is and will remain a nation of 32 counties. Antrim and Down are and will remain a part of Ireland, just like any county in the South.

[20] Given the EU`s threat to take legal action against the UK for its proposals not to apply aspects of the 1998 Protocol, it is extremely likely that the status of this agreement, understood differently, will be essential in future and controversial cases. The inclusion in the Protocol of aspects of the 1998 Agreement – namely the Union`s rights for Irish citizens (Protocol, Article 2) and North-South cooperation (Protocol, Article 11) – gave them new international legal weight, accompanied by a differentiated system of supervision (Protocol, Articles 12 to 15) and appeals (Withdrawal Agreements, Articles 167 to 181). Therefore, the way in which the 1998 agreement is defined and interpreted politically in the United Kingdom is essential; At present, it is shrouded in an ambiguity that is not constructive and potentially dangerous from the point of view of Northern Ireland.

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