About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 SYIL 1 (2018)

handle is hein.intyb/spanyb0022 and id is 1 raw text is: Thoughts on the legal value of the instruments concerning Gibraltar adopted in relation to the EU-UK Withdrawal Agreement Editorial Notice* (A) INTRODUCTION Because Gibraltar was included in the territorial scope of the EU-UK Withdrawal Agreement (Article 3(i)(b)), the provision concerning the conclusion between the EU and the UK of agreements governing their future relationship (Article 184) could be considered to include that territory as well.' As that provision did not specify the need for Spain's agreement for those future agreements to be applied to Gibraltar, the Spanish government understood that Article 184 did not comply with the guidelines adopted by the Europea Council in Apritl o7, in particular, the one whereby [aifter the United Kingdom leaves the Union, no agreement between the EU and the United Kingdom may apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom (para. 24). When the Spanish government learned of the Draft Withdrawal Agreement negotiated between the EU and the United Kingdom, the Spanish Prime Minister threatened to withhold support for that instrument at the extraordinary meeting of the European Council to be held on 25 November zoi8. That threat to break the consensus required for the European Council's endorsement, together with the sensitive nature of the Gibraltar issue in Spanish public opinion, caused Spanish society to pay particular attention to how this grievance was resolved. The solution consisted of the adoption by the European imcil n the. of two _jointd r , whose content had been revealed to Prime Minister Sa'nchez in advance by means of a letter that the Presidents of the two institutions sent him on the eve of the European Council meeting. At the same time, also on 24 November, the British Ambassador to the EU sent a letter to the Secretary-General of the Council of the EU, acknowledging that Article 184 of the Withdrawal Agreement imposes no obligations regarding the territorial scope of the agreements governing the future relationship * Prepared by Carmen MARTINEZ CAPDEVILA, Associate Professor of Public International Law at the Universidad Aut6noma de Madrid. I See a set of Negotitiig documents on Article -S negotiations with the Unite Kind, published as part of the European Commission's approach to transparency on Article 5o negotiations with the United Kingdom.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most