Unionists must make clear their total opposition to the European Court having jurisdiction over Northern Ireland

A letter from RG McDowell:
If the European Court of Justice (in Luxembourg, above) has a role in Northern Ireland as a result of the NI Protocol which doesn’t apply to any other part of the UK then this is actually a form of joint authorityIf the European Court of Justice (in Luxembourg, above) has a role in Northern Ireland as a result of the NI Protocol which doesn’t apply to any other part of the UK then this is actually a form of joint authority
If the European Court of Justice (in Luxembourg, above) has a role in Northern Ireland as a result of the NI Protocol which doesn’t apply to any other part of the UK then this is actually a form of joint authority

One of the many patronising remarks made against unionist objections to the Northern Ireland Protocol in recent times has been the suggestion that nobody in NI cares about the role of the European Court.

This is a very disingenuous line of argument.

You could just as easily remark that it’s unlikely the average citizen of any European Union country particularly cares about the specific details of the European Court, but nobody in the EU negotiating team seems to wish to alter their position simply because of that.

Letter to the editorLetter to the editor
Letter to the editor
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Many politics students will remember being taught about the American Constitution and the three co equal branches of government one of which was the legal branch (Supreme Court).

The court system of any country is a key part of how it is governed even if it isn’t an elected part of that government.

It decides a great deal of how laws are actually interpreted and implemented.

If the European Court has a role in Northern Ireland as a result of the protocol which doesn’t apply to any other part of the UK then I would suggest this is actually a form of joint authority.

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We shouldn’t exaggerate this. It isn’t full joint authority, clearly Britain remains in overall control.

Nevertheless the role of the European Court at the end of any protocol negotiations is vital as by however small a proportion the European Court’s ability to take decisions over Northern Ireland would constitute at least partial joint authority over NI by a foreign jurisdiction.

By implication this would be a change in NI’s constitutional status without the consent of the people of NI.

For this reason the role of the European Court is important to unionists in a constitutional sense if not in the sense of the specific day to day details of its operation.

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It must be made clear by all unionist parties that no executive would be formed after the next assembly election unless NI’s place is fully restored within the UK which must include no role for the European Court that does not apply to any other part of the UK.

Mr RG McDowell, Belfast BT5

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