The House of Commons Library has published a briefing paper for MPs and their staff, which looks at the “new Settlement for the United Kingdom within the European Union“.

The introductory text to the paper explains that:

“It is not a binding EU treaty or EU law in itself … even if the Decision binds the parties under international law, it does not bind the EU institutions, and is not necessarily legally enforceable under either EU or domestic law. It could be very problematic if either the Court of Justice of the EU or a domestic court found an inconsistency between the Decision and the EU Treaties.

The Decision probably cannot be reversed without the consent of the UK. But it cannot guarantee all of the outcomes envisaged in it. This is because some depend on factors outside the control of the parties to the Decision, such as national referendums on Treaty change.”

We agree. 

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