London Daily

Focus on the big picture.
Saturday, Aug 29, 2026

EU takes new legal action against UK over post-Brexit deal changes

EU takes new legal action against UK over post-Brexit deal changes

The EU has announced new legal action against the UK government over its plans to scrap parts of the post-Brexit deal for Northern Ireland.

Ministers outlined a bill on Monday aimed at unilaterally changing trade, tax and governance arrangements in the 2019 deal.

The treaty was agreed by both sides but the UK says it has disrupted trade and power-sharing in Northern Ireland.

But the EU says overriding parts of the deal would break international law.

European Commission vice-president Maros Sefcovic said there was "no legal or political justification whatsoever for unilaterally changing an international agreement".

"So let's call a spade a spade, this is illegal," Mr Sefcovic said, adding that the UK's decision "left us with no choice" but to take legal action.

Prime Minister Boris Johnson's spokesperson said his government was disappointed the EU had taken legal action and continued to favour a negotiated resolution.

The Northern Ireland Protocol is a special arrangement that keeps Northern Ireland in the EU's single market for goods, avoiding a hard border with the Republic of Ireland.

The arrangement ensured free trade could continue across the Irish land border, which is a sensitive issue because of the history of conflict in Northern Ireland.

But the protocol brought in some new checks on goods moving between Great Britain and Northern Ireland and has been criticised by unionist politicians.

However, the majority of politicians elected to the Northern Ireland Assembly in last month's elections support the arrangements.

The European Commission said it would restart legal action - paused in March 2021 - over the UK's decision to delay checks on certain goods arriving into Northern Ireland from Great Britain.

The Commission also launched two new proceedings over claims the UK has failed in its obligations to share trade data and set up border inspection posts.

These legal steps could eventually lead to the UK being fined under a dispute process overseen by the European Court of Justice (ECJ).

But the dispute process can take months to complete and the Commission has insisted its "door remains open" for talks with the UK to find a resolution.


The launch of legal action by the EU may sound dramatic but this is a process stretching over many months.

UK legislation, to scrap parts of the protocol, will likewise take some time with the bill set to face resistance in Parliament.

Regardless, the stakes have been raised this week in a dispute that has been bogged down for months.

But worth noting is the emphasis from the European Commission's Maros Sefcovic that his door is open; he's saying the EU wants to talk.

However the fact remains that the two sides can't even agree on quite what they should talk about.

Demands by Britain for changes on tax and governance are a non-starter for the EU. There's more common ground on customs and the hope in Brussels is that they can show progress is possible within the terms of the existing treaty.

But the mood isn't optimistic with diplomats frequently suggesting they think the issue is mired in Tory party politics.

And if nothing changes the slow-burn passage of legal action and legislation could eventually explode into an even bigger confrontation. But as officials are keen to stress, we're not there yet.

The UK government says it would prefer to agree changes with the EU, rather than act alone to scrap parts of the protocol.

The government justified its move under a legal principle called the "doctrine of necessity", insisting the protocol was causing "peril" to society and politics in Northern Ireland.

The UK government's chief legal adviser, Suella Braverman, told the BBC the protocol was "adversely and seriously affecting" Northern Ireland.

She said her preferred alternative was negotiation but accused the EU of failing to do that "meaningfully for over two years now and that's why we've regrettably been left with no option but to take these measures".

Northern Ireland's power-sharing administration cannot be formed without the Democratic Unionist Party (DUP), which has refused to take part until reforms are made to the protocol.

Foreign Secretary Liz Truss has urged the DUP to "get on with it", but the party's leader, Sir Jeffrey Donaldson, has said that would depend on whether the bill to change the protocol passed into law.

Earlier Philippe Lamberts, a Belgium member of the European Parliament, told the BBC the protocol changes proposed by the UK were "about political posturing".

He said patience in Brussels "has been tested to the extreme by Boris Johnson".


Infringements


In March 2021, the EU launched legal action against the UK for delaying the full implementation of checks on some goods, including argi-food products.

The infringement proceedings were paused last year but have now been resumed by the EU.

If the UK government does not reply within two months, the EU could take the matter to the ECJ, which has powers to impose penalties.

The EU has also launched two new actions for further alleged breaches of the protocol.


These relate to alleged UK failures to carry out its obligations under the EU's sanitary and phytosanitary (SPS) rules and "provide the EU with certain trade statistics data".

The actions do not directly relate to the UK's draft legislation, with the EU reserving the right to take further action if that law ever comes into effect.

"If this draft bill becomes law, of course I cannot exclude anything," Mr Sefcovic said.


Possible solutions


The EU also gave more detail on its own proposals to ease checks which they say can resolve issues of concern in Northern Ireland.

These include an expanded trusted trader arrangement covering more products and companies and a cut to customs administration.

Mr Sefcovic said the proposals were "all about simplification" and at the news conference, attempted to demonstrate this by holding up three documents.

"These are the three pages that need to be filled. Not 300, not 30, three," he said.

Echoing the UK prime minister's Brexit rhetoric, Mr Sefcovic said the proposals were "oven-ready", while adding this was not an "unconditional offer".

Maros Sefcovic said the EU's proposals would simplify administration


But the UK has previously rejected the EU's proposals saying they would make things worse, and if differences are not resolved, there are fears that the row over the protocol could trigger a trade war, which involves putting up barriers to the exchange of goods.

A trade war could increase costs for consumers, possibly compounding pressure on household budgets driven by inflation at 40-year highs.

Newsletter

Related Articles

0:00
0:00
Close
Police Intensify Investigation Into Organised Crime-Linked Violence in Middlesbrough
UK Small Businesses Face Continued Revenue and Tax Pressures, Federation Says
M&G Real Estate Buys West Sussex Affordable Housing Portfolio for £29 Million
Royal Navy Warship HMS Tamar Visits Cambodia for Regional Security Engagement
UK Government Brings Forward Benefit Payments Ahead of August Bank Holiday
Four Men Plead Guilty to Arson Attack on Jewish Community Ambulances in North London
Ofgem Raises Great Britain’s Household Energy Price Cap by Four Percent From October
UK Government Rejects Green Party Call for Artificial Intelligence Datacentre Moratorium
Millions of UK Benefit Recipients Receive Payments Early Ahead of August Bank Holiday
UK Prime Minister Meets Northern Ireland Leaders in Belfast Over Budget Crisis
Crypto Tax Gains Reach One Point Three Eight Billion Pounds Among UK Investors, HMRC Data Shows
UK Corporate Confidence Rises to Highest Level Since March, Lloyds Survey Shows
Mike Ashley Attacks UK Government Business Rates and Cost-of-Living Policies
Scottish Universities Face Two Hundred Million Pound Annual Funding Gap, Report Warns
Entertainment Figures Urge UK Government to Protect People From AI Voice Cloning
Manchester Airports Group Confirms Customer Data Breached in Cyberattack
Seven Charged Over Vandalism at Donald Trump’s Turnberry Golf Resort in Scotland
Nearly 23,000 UK Households Expected to Move Home on Busiest Day of 2026
UK Benefit Payments to Arrive Early Ahead of August Bank Holiday
Reform UK Pledges to Replace GDPR and Cut Tax Administration Red Tape
Andy Burnham Launches Work Experience Plan for One Million Young People Outside Education or Work
Andy Burnham Faces Labour Backlash After Dropping Support for Political Donations Cap
Andy Burnham Announces UK-Wide Summit With Leaders of Scotland, Wales and Northern Ireland
Met Office Warns of Heavy Rain and Flood Risk Across England and Wales After Summer Heat
Bank of England Warns AI Adoption Could Reduce Demand for Automatable Jobs
UK Confirms National Salmonella Outbreak With More Than 200 Cases
UK Airports Handle Record 81 Million Passengers Despite Middle East Disruption
Ofgem Raises UK Energy Price Cap by Four Percent to £1,723
Cyber Attack Hits Customer Data Systems at Manchester, Stansted and East Midlands Airports
TSA Unveils Major Airport-Security Overhaul as It Drops Gold+ Privatization Plan
CIA Chief Warned Russia Against Attacking NATO in Secret Moscow Mission
Raheem Sterling Charged With Dangerous Driving After Lamborghini Crash
The Secret Dolly Parton Kept Until Her Death: "She Was Much Sicker Than She Let On"
Middlesbrough House Fire Kills Woman and Seven-Year-Old Girl
Prince Harry and Meghan Markle Return to UK Amid Renewed Media Attention
Raheem Sterling Charged With Dangerous Driving After London Collision
Greenpeace Threatens Legal Action Over Crown Estate Offshore Wind Leasing
Nvidia Revenue Surges to Ninety-Six Point Two Billion Dollars on Artificial Intelligence Demand
Meta Agrees to Global Youth Safety Changes Following Multi-State Legal Settlement
UK Government Plans Autumn Summit With Scottish, Welsh and Northern Irish Leaders
CMA Caps Veterinary Prescription Fees at Twenty-One Pounds
Thames Water Pilot Records Forever Chemicals at Thirteen Times the Legal Limit
Kent Meningitis Outbreak Reaches Thirty-Four Confirmed Cases
Forty Children Missing From UK Asylum Accommodation Remain Unaccounted For
UK Court Upholds VAT on Private School Fees
US Designates Palestine Action as Foreign Terrorist Organization
UK Approves Massive New Chinese Embassy Complex in London Amid Security Concerns
Prime Minister Andy Burnham Visits Kyiv and Offers Cruise Missile Designs to Ukraine
Glacier Collapse, Not Earthquake, Triggered Deadly Nepal-Tibet Flood
Andy Burnham Drops Plan to Cap Political Donations
×