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Writer's pictureMichael Julien

Since Brexit, EU has begun 16 legal actions against UK for breaking EU’s own internal laws – how?

Updated: Dec 3, 2022

Article from the Campaign for an Independent Britain – 02.12.22


CIBUK.Org reveals how parts of Brexit Britain are still under EU law

We detail all the policy areas and charges brought by the EU – against an ‘independent country’

The United Kingdom finally and formally left the European Union on 31 January 2020 – nearly two years ago. Since then, the EU has launched 16 new legal cases against the UK. These form part of the 27 active ‘infringement cases’ which the EU Commission is pursuing against the United Kingdom.


These have nothing to do with breaking international law. These legal actions against the UK all relate to alleged infringements of the EU’s own internal laws, directives, and regulations.


We have accessed the EU Commission’s legal infringements database to review the veracity of the EU’s claim to be a bloc where “the rule of law” applies. Yesterday we showed how the Commission is now actively pursuing 1,990 infringement cases against its member countries. Every single one of the 27 is in the dock.


In today’s report we focus on the EU’s legal vendetta against the United Kingdom.


It might surprise readers to learn that the UK is in the dock, despite having left the EU


The simple fact is that the United Kingdom is still subject to EU law.


One part of the territory of the UK in particular is subject to any new laws and regulations the EU decides to impose. These are laws over which these British citizens have no say. These citizens of part of the UK can’t vote out the foreign body which is imposing these laws. Their judiciary has no say – they must obey the diktats of a foreign power.


We reveal the extent of the EU’s control over the supposedly independent UK


Below we itemise the active legal actions being taken against the United Kingdom – some of which relate to EU laws and directives which continue to apply in part of the UK’s sovereign territory. And under the N.I. Protocol the EU can impose new regulations at will, which the people of the Province can do nothing about.


Not only does this drive a coach and horses through the fundamental principle of ‘consent’ in the Belfast (Good Friday) Agreement, thereby breaching it, it also flies in the face of any normal principles of democratic governance expected in any western society.


Summary

The EU’s legal actions against a supposedly sovereign country


The 10 policy areas where the EU has launched proceedings against the UK since it left

  • Mobility and Transport

  • Eurostat

  • Taxation and Customs Union

  • Health and Food Safety

  • Home Affairs

  • Secretariat General

  • Justice, Fundamental Rights and Citizenship

  • Financial Stability, Financial Services and Capital Markets Union

  • Budget

  • Legal Service

[Source: Latest EU Commission official data, accessed Fri 02 Dec 2022.]


Details of the EU charges against the UK – all started AFTER the UK had left

  • Lack of transposition by the United Kingdom of Directive (EU) 2016/797 on the interoperability of the rail system within the European Union

  • Non-provision by the United Kingdom of external trade statistics in respect of Northern Ireland, as required by the Protocol on Ireland/Northern Ireland

  • Lack of communication of the transposition of Recast Horizontal Excise Directive by the United Kingdom in respect of Northern Ireland

  • UK measures on xylella fastidiosa and ceratocystis platani contrary to decision 2020/758, regulation 2020/1201, and regulation 2019/2072

  • Incorrect implementation by the UK of EU’s sanitary and phytosanitary rules, as required by the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement

  • Partial transposition of Implementing Directive (EU) 2019/68 establishing technical specifications for marking of firearms and their essential components by UK

  • Non-compliance with EU law requirements concerning the movement of agri-food, parcels and pet travel

  • Transposition of directive 2004/38/EC in the UK

  • Termination of the Intra-EU Bilateral Investment Treaties

  • Partial transposition of Implementing Directive (EU) 2019/69 of 16 January 2019 laying down technical specifications for alarm and signal weapons by UK

  • Lack of communication of the transposition of Directive on the structures of excise duties on alcohol by the United Kingdom in respect of Northern Ireland

  • Failure of the United Kingdom in respect of Northern Ireland to implement the Import One Stop Shop for distance sales of imported goods

  • Lack of transposition by the United Kingdom of national transposition measures of Directive (EU) 2016/798 on railway safety

  • Loss of own resources (vat) due to non-inclusion of vat amounts retained under MOSS in the calculation of the vat based own resource

  • Judgment of the United Kingdom Supreme Court of 19 February 2020 in case [2020] UKSC 5 Micula v Romania

  • Incorrect implementation of the EU customs legislation by the United Kingdom in respect of Northern Ireland

And why is the EU is still pursuing legal cases against the UK which are up to 19 years old?


Each of the 16 cases above were started by the EU AFTER it had left the bloc. There are a further 11 cases which were started before the UK left but which are still active and being pursued by the EU Commission of Ursula von der Leyen.


The oldest such case was started in 2003 – 19 years ago – but incredibly it is still ‘an active case’, according to the EU Commission.



For this article in pdf, please click here:

For the original report, click here: https://facts4eu.org/news/2022_dec_under_eu_law



Since this report was published, CIBUK have issued a further report as follows:


CIBUK’s report yesterday detailing the number of new legal cases that have been brought by the EU since the UK left, has shocked even seasoned political professionals.





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