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No way to apply any agreement or parts of it without decision by the Council, but here are a couple of questions that could be fun for lawyers and pol. scientists beyond Christmas Day. Brexit will keep giving:
(1) Will the agreement be prov. applied in full? If so... https://twitter.com/TomWlost/status/1341912627484774408
(1) Will the agreement be prov. applied in full? If so... https://twitter.com/TomWlost/status/1341912627484774408
(2) Will prov. application extend to exclusive MS competences? That would constitute an ultra vires act.
(3) Will the agreement be signed as an Association Agreement (217 TFEU) and hence require unanimity in the Council? If so, will it be signed as an EU-only AA or a mixed AA?
(3) Will the agreement be signed as an Association Agreement (217 TFEU) and hence require unanimity in the Council? If so, will it be signed as an EU-only AA or a mixed AA?
(4) If it is signed as a mixed AA or conventional mixed agreement, welcome to the world of CETA and 38 lingering veto points (# legislatures in EU MS).
(5) Other options: (i) a facultative EU-only agreement or (ii) a split into an EU-only part and a mixed part?
(5) Other options: (i) a facultative EU-only agreement or (ii) a split into an EU-only part and a mixed part?
(6) In light of the current process failure: Will the EP, MS, and Council legal services "overscrutinize" after January 1st?
(7) 2 forces working on the EP: redeem lost procedural ground on prov. app. (broken vdL promise) & pressure to deliver some subst change to show relevance
(7) 2 forces working on the EP: redeem lost procedural ground on prov. app. (broken vdL promise) & pressure to deliver some subst change to show relevance
(8) Entry into force in 2021? Not (and maybe never) if it's a mixed agreement.
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