EU Law and Northern Ireland

Synopsis: This page provides information about the post-Brexit application of EU law in Northern Ireland, and new mechanisms introduced by the Windsor Framework: the Stormont Brake and applicability motions. You will also find information on the Democratic Scrutiny Committee, and commitments from the European Commission on engagement with Northern Ireland on EU law.

Under the Protocol on Ireland/Northern Ireland, agreed in October 2019, Northern Ireland remains aligned to EU law relating to the single market for goods. The Protocol is now called the Windsor Framework and includes a list of over 300 pieces of EU legislation which apply in Northern Ireland. Areas of EU law which apply in Northern Ireland include legislation on goods, animal and plant health rules, rules on agricultural production, VAT and excise on goods, and state aid rules. The EU’s Customs Code also applies to goods entering Northern Ireland.

Under Article 13(3), the concept of ‘dynamic alignment’ applied: when relevant EU laws were amended or replaced, these changes would automatically apply in Northern Ireland. When the EU adopted a new EU law which they deemed was in the scope of the Protocol (and should be added to the list of law applying in Northern Ireland), this was to be discussed in the EU-UK Joint Committee as set out in Article 13(4). The EU and UK would have to agree for it to apply in Northern Ireland.

 

 

The Windsor Framework, adopted in March 2023, made changes to these arrangements and established new mechanisms for the Northern Ireland Assembly:

  • The Stormont Brake may apply to an EU act, which amends or replaces an act which already applies in Northern Ireland under the Windsor Framework. Under the terms of the Stormont Brake, 30 MLAs from at least two parties in the NI Assembly can notify the UK Government of their wish that the “emergency brake” be pulled on an EU law. Read an explainer on the Stormont Brake.
  • Applicability motions apply when the EU adopts a new act, which it considers to be within the scope of the Windsor Framework. Before the UK can agree with the EU in the Joint Committee that a new EU law should apply in NI, the Northern Ireland Assembly must indicate cross-community support for the new law to be added to the Framework by passing an ‘applicability motion’. Read an explainer on applicability motions.
  • A new committee in the Assembly - the Windsor Framework Democratic Scrutiny Committee - was established to assist with the observation and implementation of the new processes. Read an explainer on the Windsor Framework Democratic Scrutiny Committee.

 

The Democratic Consent Mechanism, included in the original Protocol, is unchanged by the Windsor Framework. Read an explainer on the Democratic Consent Mechanism.

 

 

 

European Commission commitments

When the Windsor Framework was announced in February 2023, the European Commission published a statement on ‘enhanced engagement with Northern Ireland stakeholders’, saying this is “of paramount importance for the European Union to ensure that their voice is heard as regards the limited set of [EU] law that applies in Northern Ireland”.

The measures set out by the European Commission:

Annual presentation by the Commission on its upcoming policy initiatives and legislative proposals.

  • Every year, Commission representatives will engage with Northern Ireland stakeholders on the Commission Work Programme for the following year. This will highlight relevant proposals of particular interest for Northern Ireland stakeholders enabling timely engagement with them.
  • The Work Programme will also be discussed beforehand in the Joint Consultative Working Group.
  • A list of new, upcoming EU initiatives of relevance to Northern Ireland will be published on the Protocol webpage.

Specific Northern Ireland information sessions on new EU initiatives and additional workshop(s) for Northern Ireland stakeholders

  • If requested by Northern Ireland stakeholders, the Commission will organise information sessions and/or workshops on new initiatives.

Including Northern Ireland relevant public consultations on the Protocol webpage

  • Relevant public consultations and/or involvement of Northern Ireland stakeholders in targeted consultations for specific cases will be included on the Protocol webpage.

Northern Ireland overview in relevant impact assessments accompanying new EU policy initiatives

  • In relevant impact assessments for new EU policy initiatives, there will now be a dedicated overview of Northern Ireland stakeholders’ input. This will set out their views on the implications of the initiative for Northern Ireland and how they have been taken into account in the final proposal

Source: Commission statement on Enhanced engagement with Northern Ireland stakeholder (27 February 2023)