Browse by author
Lookup NU author(s): Professor Colin MurrayORCiD,
This is the final published version of a report that has been published in its final definitive form by Equality Commission for Northern Ireland, 2023.
For re-use rights please refer to the publisher's terms and conditions.
Article 2 of the Protocol on Ireland/Northern Ireland, contained within the Withdrawal Agreement concluded between the United Kingdom and the European Union, outlines a commitment to non-diminution of rights in Northern Ireland post Brexit. This commitment is underpinned by the Belfast/Good Friday Agreement 1998 and its provisions on Rights, Safeguards and Equality of Opportunity, which saw these elements as integral to creating the necessary conditions for facilitating peace in Northern Ireland in the wake of conflict. That the United Kingdom and European Union constructed Article 2 on this basis is reflective of the emphasis that was placed on the 1998 Agreement in the Brexit negotiations and assertions that the Agreement must be upheld in any deal between the two sides. The expansive yet ambiguous framing of the 1998 provisions, while politically sufficient at the time of agreement, have acquired a legal significance in the wake of Brexit. Article 2 represents a reaffirmation of commitment to the 1998 provisions, while simultaneously demanding clarity in the relationship between domestic and European Union law, and obligating an ongoing monitoring process of this post-Brexit.
Author(s): Craig S, Deb A, Frantziou E, Horne A, Murray C, Rice C, Rooney J
Publication type: Report
Publication status: Published
Print publication date: 12/04/2023
Online publication date: 12/04/2023
Acceptance date: 31/12/2022
Institution: Equality Commission for Northern Ireland
Place Published: Belfast Northern Ireland
ePrints DOI: 10.57711/3vmc-ya27