Frost says Britain’s problem with administering the Protocol goes beyond the role of the European Court of Justice

Brexit Minister David Frost has suggested that Britain and the EU could resolve their dispute over the role of the European Court of Justice (ECJ) if Westminster is allowed to duplicate EU laws that apply in Northern Ireland.

He said Britain’s problem with managing the Northern Ireland Protocol went beyond the role of the European Court of Justice, and that any decision would have to address the entire system under it.

“How do you deal with the overall system that allows these privileged trading relations of Northern Ireland to enter the single market and yet makes it reconcilable with democracy and normal dispute settlement arrangements. This is not a minor problem, but one that we would like to have a proper conversation about with the EU.”

In the Trade and Cooperation Agreement (TCA), the EU agreed to allow Britain to duplicate EU state aid rules so that it would no longer be subject to the jurisdiction of the European Court of Justice. Lord Frost suggested that a protocol-like approach could help address Britain’s concerns.

The problem is that too much EU laws apply directly in Northern Ireland. This is the crux of the problem. We don’t see that much of it should apply. Thus the explanatory role of [ECJ]It is also limited.

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