Protocol Analysis
The Protocol on Ireland/Northern Ireland has attracted considerable attention and much has been written about the politics surrounding its adoption as part of the UK-EU Withdrawal Agreement as well as the challenges surrounding its implementation.
Here we draw together details of government/EU as well as expert/academic analyses of the Withdrawal Agreement and of the Protocol.
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UK-EU Withdrawal Agreement
UK-EU Withdrawal Agreement
Official Journal (2020) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, L 29, 31 January
For UK implementation:
European Union (Withdrawal) Act 2018, 26 June 2018
European Union (Withdrawal Agreement) Act 2020, 23 January 2020
For EU Implementation:
Official Journal, COUNCIL DECISION (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, L 29, 31 January
EU and UK Government Explainers
European Commission (2019) The EU-UK Withdrawal Agreement explained (slides), TF50 (2019) 59 – Commission to EU 27, Brussels, 8 February
European Commission (2020) Questions and Answers on the United Kingdom's withdrawal from the European Union on 31 January 2020, 24 January
UK Government (2018) Explainer for the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, London, 14 November
Think Tank and Other Analyses
House of Commons Library (2019) The UK’s EU Withdrawal Agreement, 8 July
House of Lords - European Union Committee (2020) The Protocol on Ireland/Northern Ireland, HL Paper 66, 1 June
Institute for Government (2020) Brexit deal: the Withdrawal Agreement, 20 July
Liefländer, T. et al (eds) (2021) The UK-EU Withdrawal Agreement (Oxford: Oxford University Press)
Academic Analyses
Barnard, C. 'The Status of the Withdrawal Agreement in UK Law' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 107-117
Dashwood, A. (2020) ‘The Withdrawal Agreement: common provisions, governance and dispute settlement’, European Law Review, 45(2), 183-92
Dougan, M. (2020) ‘So Long, Farewell, Auf Wiedersehen, Goodbye: The UK’s Withdrawal Package’, Common Market Law Review, 57 (3), 631-704
Dougan, M. (2021) The UK's Withdrawal from the EU (Oxford: Oxford University Press)
Fabbrini, F. (ed) (2020) The Law and Politics of Brexit – Volume II: The Withdrawal Agreement, Oxford: Oxford University Press (Working Paper versions of chapters available here)
Fabbrini F. (ed.) (2021) The Law & Politics of Brexit – Volume III: The Framework of New EU-UK Relationships, Oxford: Oxford University Press (Working Paper versions of chapters available here)
Larik, J. (2020) ‘Brexit, the EU-UK Withdrawal Agreement, and Global Treaty (Re-)Negotiations’, The American Journal of International Law, 114 (3), 443-62
Peers, S. (2020) 'The End - or a New Beginning? The EU/UK Withdrawal Agreement', Yearbook of European Law, 39, 122–98
Schiek, D. (2021) 'Brexit and the Implementation of the Withdrawal Agreement', DCU Brexit Institute Working Paper, 9-2021, April
- Protocol on Ireland/Northern Ireland
EU Explainers
European Commission (2019) Brexit: What did you agree with the UK today?, Brussels, 18 October
European Commission (2020) Technical note on the implementation of the Protocol on Ireland / Northern Ireland, 20 April
UK Government Explainers and Command Papers
UK Government (2019) Explainer for the New Ireland/Northern Ireland Protocol and the Political Declaration on the Future Relationship, October
UK Government (2020) The UK’s Approach to the Northern Ireland Protocol, CP226, May
UK Government (2020) The Northern Ireland Protocol, CP346, December
UK Government (2021) Northern Ireland Protocol: the way forward, CP502, July
Think Tank and Other Analyses
Cave, S. and Allen, M. (2020) 'The Ireland/Northern Ireland Protocol – overview and potential issues', Northern Ireland Assembly - Research and Information Service Briefing Paper, No. 33/20, 18 June
Hayward, K. et al (2021) The Protocol on Ireland/Northern Ireland, UK in a Changing Europe, April
Liefländer, T. et al (eds) (2021) The UK-EU Withdrawal Agreement, Oxford: Oxford University Press, pp. 407-86
Sargeant, J. at al (2020) Implementing Brexit: The Northern Ireland Protocol, Institute for Government
Spisak, A. (2020) After Brexit: Northern Ireland and the Future of the Protocol, Tony Blair Institute for Global Change, March
Spisak, A. (2022) Fixing the Northern Ireland Protocol: A Way Forward, Tony Blair Institute for Global Change, June
Stojanovic, A. (2020) Brexit Deal: the Northern Ireland Protocol, Institute for Government, February
von Ondarza, N. (2021) 'A Shared Responsibility for Northern Ireland - Why the EU and the UK Should Work Together to Find Flexible Solutions after Brexit', Stiftung Wissenschaft und Politik, September
Academic Analyses
Anthony, G. 'The Protocol in Northern Ireland Law' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge: Cambridge University Press . pp. 118-128
Fabbrini F. (ed.) (2022) The Law & Politics of Brexit – Volume IV: The Protocol on Ireland/Northern Ireland, Oxford: Oxford University Press (Working Paper versions of chapters available here)
Fennelly, D. 'The Protocol in Irish Law' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 129-140
Harvey, C. (2020). ‘Designing a Special Arrangement for Northern Ireland: the Irish Protocol in Context’, Brexit Institute Working Paper Series, No 6, May
McCrudden, C. (ed) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge
Phinnemore, D. (2020) ‘Northern Ireland: A ‘Place Between’ in UK–EU Relations?’, European Foreign Affairs Review, 25 (4), 631-50
Phinnemore, D. (2020) ‘The Protocol on Ireland/Northern Ireland: A Flexible and Imaginative Solution for the Unique Circumstances on the Island of Ireland?’, in Westlake, M. (ed) Outside the EU: Options for Britain, Agenda Publishing, p. 163-75
Weatherill, S. (2020), ‘The Protocol on Ireland/Northern Ireland: protecting the EU's internal market at the expense of the UK's’, European Law Review, 45 (2), 222-236
Weatherill, S. (2020), ‘The Protocol on Ireland/ Northern Ireland: What it says is not what it does', EU Law Analysis, 17 March
- Protocol on Ireland/Northern Ireland (drafts and 'backstop' version)
Explainers and Analyses of the 'backstop' version of the Protocol agreed by the EU and the UK in 2018:
de Mars, S. et al (2018), The Protocol on Ireland/Northern Ireland, Newcastle University/Durham University/University of Birmingham
Phinnemore, D. and Hayward, K. (2018) ‘Brexit and the backstop’ UK in a Changing Europe, 7 November
UK Government (2018) Explainer for the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, 14 November
UK Government (2018) Technical explanatory note: Articles 6-8 on the Northern Ireland Protocol, 14 November
Explainers and Analyses of the original draft of the Protocol produced by the European Commission
de Mars, S. et al (2018), Commentary on the Protocol on Ireland/Northern Ireland in the Draft Withdrawal Agreement, Newcastle University/Durham University/University of Birmingham
Repasi, R. (2018) A Legal Assessment of the draft Protocol on Ireland/Northern Ireland and its Implications for the Integrity of the EU Internal Market, European Research Centre for Economic and Financial Governance
Schiek, D.G. (2018), The Island of Ireland and ‘Brexit’ – A Legal-Political Critique of the Draft Withdrawal Agreement, Queen's University Belfast Law Research Paper, 2018-05
- Article 2 Protocol: Rights of individuals
de Mars, S. et al (2020) Continuing EU Citizenship “Rights, Opportunities and Benefits” in Northern Ireland after Brexit, Northern Ireland Human Rights Commission/Irish Human Rights and Equality Commission
Evans, P., Horne, A. and Ghazi, T. (2021) 'Legislative Scrutiny and the Dedicated Mechanism for monitoring Article 2 of the Ireland/Northern Ireland Protocol' Equality Commission for Northern Ireland
Murray, C.R.G. and Rice, C.A.R. (2021) 'Beyond Trade: Implementing the Ireland/Northern Ireland Protocol’s Human Rights and Equalities Provisions', Northern Ireland Legal Quarterly (forthcoming)
McCrudden, C. (2020) Evidence to the House of Commons European Scrutiny Committee: Parliamentary scrutiny of the Joint Committee and the application of the Northern Ireland Protocol, House of Commons European Scrutiny Committee
McCrudden, C. 'Human Rights and Equality' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 143 - 158.
O'Donoghue, A. (2021) 'Non-Discrimination: Article 2 in Context', Brexit Institute Working Paper, No. 15
Queen's University Belfast Human Rights Centre/Donia Human Rights Centre University of Michigan/Social Change Initiative (2021) Human Rights and Equality in Northern Ireland Under the Protocol: A Practical Guide
- Article 3 Protocol: Common Travel Area
Maher, I. (2021) 'The Common Travel Area: The Limits of Codification', Brexit Institute Working Paper, No. 17, November
Maher, I. 'The Common Travel Area' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 173-182.
de Mars, S. and Murray, C.R.G. (2020) 'With or Without EU? The Common Travel Area After Brexit', German Law Journal, 21
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Articles 4-7 Protocol: Movement of Goods
Barnard, C. and Leinarte, E. (2021) 'Movement of Goods Under the TCA', University of Cambridge Faculty of Law Research Paper, No. 31/2021, November
Curtis, J. and Walker, N. (2021) 'The movement of goods between Great Britain and Northern Ireland', House of Commons Library Research Briefing, 18 February
Gasiorek, M. and Jerzewska, A. (2020) 'The unresolved difficulties of the Northern Ireland protocol', UKTPO Briefing Paper, 41, June
Hayward, K. (2021) 'What the UK-EU Trade and Cooperation Agreement means for Northern Ireland', QPol, 4 January
Jerzewska, A. (2022) 'The Irish Sea Customs Border' in C. McCrudden (ed.) The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 207-218
Peretz, G. and Artley, A. (2020) 'Customs and the Northern Ireland Protocol', Tax Journal, 17 April
- Article 8: VAT and excise
Pidgeon, C. and Regan, E. (2020) 'Withdrawal Agreement, Protocol and Political Declaration – Potential implications for Value Added Tax and Excise in Northern Ireland', Northern Ireland Assembly - Research and Information Service Briefing Paper, No. 27/20, 21 May
- Article 9: Single electricity market
Stennett, A. with Regan, E. (2020) 'Withdrawal Agreement, Protocol and Political Declaration – Potential implications for Single Electricity Market in Northern Ireland', Northern Ireland Assembly - Research and Information Service Briefing Paper, No. 30/20, 21 May
- Article 10: State aid
Peretz, G. and Artley, A. (2020) 'State aid under the Northern Ireland Protocol', Tax Journal, 11 May
Peretz, G. (2022) 'State Aid' in C. McCrudden (ed.) The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 232-244
Pidgeon, C. (2020) 'Withdrawal Agreement, Protocol and Political Declaration – Potential implications for State Aid in Northern Ireland', Northern Ireland Assembly - Research and Information Service Briefing Paper, No. 29/20, 21 May
- Article 11: Other areas of North-South cooperation
Ad Hoc Group for North-South and East-West Cooperation (2020) The necessary conditions for North-South Cooperation, August
Dobbs, M. and Gravey, V. (2022) 'Environment and Trade' in C. McCrudden (ed.) The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 245-255
European Commission (2019), Negotiations on Ireland/Northern Ireland, Mapping of North-South cooperation, 21 June
UK Government (2017) North-South Cooperation Scoping Exercise, n.d.
UK Government (2018) Technical explanatory note: North-South cooperation mapping exercise, 7 December
On North-South cooperation, see also the work of the Centre for Cross-Border Studies and the Ad Hoc Group for North-South and East-West Cooperation
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Article 12: Dispute Settlement (also Articles 167-181 WA)
Dashwood, A. (2020) ‘The Withdrawal Agreement: common provisions, governance and dispute settlement’, European Law Review, 45(2), 183-92
Dellow-Perry, E. (2021) 'Dispute resolution under the Ireland/Northern Ireland Protocol', Research Matters, 23 March
Fella, S. (2020) 'The UK-EU Withdrawal Agreement: dispute settlement and EU powers', House of Commons Library Briefing Paper, No. 9016, 2 October
Larik, J. (2020) 'Decision-Making and Dispute Settlement for the Withdrawal of the United Kingdom from the European Union’, Brexit Institute Working Paper Series, No 4, May
Larik, J. (2021) 'Governance and Dispute Settlement in the Ireland/Northern Ireland Protocol', Brexit Institute Working Paper Series, No. 16, November
See also 'Article 16: Safeguards'
- Articles 12-13: Implementation, decision-making and supervision
Hayward, K. and Phinnemore, D. (2020) 'An EU presence in Northern Ireland after Brexit', UK in a Changing Europe, 9 April
Hayward, K. et al (2020) Anticipating and meeting new multilevel governance challenges in Northern Ireland after Brexit, Queen's University Belfast/UK in a Changing Europe, May
- Articles 13-15: Joint Committee/Specialised Committee/Joint Consultative Working Group (also Articles 164-165 WA)
Hayward, K. et al (2020) Anticipating and meeting new multilevel governance challenges in Northern Ireland after Brexit, Queen's University Belfast/UK in a Changing Europe, May
Hayward, K. 'The Committees of the Protocol' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 44-54
Larik, J. (2021) 'Governance and Dispute Settlement in the Ireland/Northern Ireland Protocol', Brexit Institute Working Paper Series, No. 16, November
RAISE - Finance and Economics (2020) 'Withdrawal Agreement, Protocol and Political Declaration – Overview of Governance Arrangements', Northern Ireland Assembly - Research and Information Service Briefing Paper, No. 29/20, 21 May
Wouters, J. 'Dispute Settlement' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 55-66
Joint Committee
Curtis, J. and Fella, S. (2020) 'The UK-EU Withdrawal Agreement Joint Committee: functions and tasks', House of Commons Library Briefing Paper, No. 8996, 2 September
Speclialised Committee
Phinnemore, D. (2020) 'The Specialised Committee on the Protocol on Ireland/Northern Ireland', UK in a Changing Europe, 28 April
Joint Consultative Working Group
Hayward, K. and Phinnemore, D. (2020) 'The UK-EU Joint Consultative Working Group: What it is and what it could be', QPOL, 30 April
- Article 16: Safeguards
Curtis, J. (2021) 'Northern Ireland Protocol: Article 16 and EU vaccine export controls', House of Commons Library Insight, 2 February
Curtis, J. (2021) 'Northern Ireland Protocol: Article 16', House of Commons Library Research Briefing, No. 9330, 26 November
Green, D.A. (2021) 'An introduction to Article 16 of the Northern Irish Protocol', The Law and Policy Blog, 16 February
Hayward, K. and Phinnemore, D. (2021) 'Article 16 of the Ireland/Northern Ireland Protocol offers no ‘quick fix', LSE Brexit Blog, 11 January
Howse, R. (2021) '“This is not an exit”: The Article 16 Safeguards in the Ireland/Northern Ireland Protocol', DCU Brexit Institute Working Paper Series, No. 14, 10 November
Keohane, D. (2021) The unexpected cross-over of vaccines, article 16, and the Northern Ireland Protocol, DCU Brexit Institute, 3 February
Melo Araujo, B. (2021) Article 16 of the Ireland-Northern Ireland Protocol: A Legal Analysis', April/June
Melo Araujo, B. and Brittain, S. 'Safeguard Provisions' in C. McCrudden (ed.) 2022. The Law and Practice of the Ireland-Northern Ireland Protocol Cambridge University Press: Cambridge. pp. 309-321
Rice, C. (2021) 'Article 16 of the Northern Ireland Protocol', UK in a Changing Europe, 8 February
- Article 18: Democratic Consent
Dellow-Perry, E. (2021) 'Consent, cross-community support and the Ireland/Northern Ireland Protocol', Research Matters, 28 July
Phinnemore, D. (2020) 'Democratic Consent and the Protocol on Ireland/Northern Ireland', QPol, 6 January
Sargeant, J. (2021) Northern Ireland protocol: consent mechanism, Institute for Government, 1 March
Tobin, J. (2020) Brexit: Protocol on Ireland/Northern Ireland Democratic Consent Regulations, House of Lords Library, 27 November
UK Government (2019) Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland, 19 October
UK Legislation
The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020, SI 2020/1500, 9 December 2020
The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 - Explanatory Memorandum, November 2020