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The “good faith” requirement in the EU exit treaty

September 14, 2020 2:00 PM
By Mark Johnston

European flags

As debate rages over Boris Johnson's Internal Market Bill, some Tory MPs and Brexiters are claiming that law has not been broken yet. This is untrue.

As the text below shows, both the UK and EU are legally bound to act in good faith throughout the process.

Moreover this provision in international law was made effective in UK domestic law by European Union (Withdrawal Agreement) Act 2018 and in particular Section 7A.

EU-UK Withdrawal Agreement
Article 5
Good faith

The Union and the United Kingdom shall, in full mutual respect and good faith, assist each other in carrying out tasks which flow from this Agreement.

They shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from this Agreement and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement.

This Article is without prejudice to the application of Union law pursuant to this Agreement, in particular the principle of sincere cooperation.

EUR-Lex source