| Popis: |
Chapter 11 by Joris Larik overviews the institutional arrangements to govern the Protocol and to solve any disputes that may arise under it. As such, this contribution focuses on Article 12 of the Protocol, entitled ‘Implementation, Application, Supervision and Enforcement’—while also considering Article 14, establishing a Specialised Committee for Northern Ireland. However, as Larik points out, the governance of the Protocol is not set out only in the Protocol itself, as many important decision-making and dispute resolution bodies are established by the WA, to which the Protocol is attached. Based on this comprehensive and accurate overview, Larik underlines the role of the Joint Committee, with the support of the Specialised Committee, in governing the Protocol—as well as the continuing role of the European Commission in supervising enforcement and respect for the Protocol’s terms. Moreover, Larik explains the dual mechanisms for dispute resolution which operate with regard to the Protocol—one based on a new arbitration body, albeit required to refer matters of EU law to the European Court of Justice (ECJ), and the other based on the continuing oversight of the ECJ. As Larik claims, the governance model of the Protocol can be theorized in different ways, but all confirms the continuing, strong presence of the EU administrative and judicial bodies within Northern Ireland after the UK’s withdrawal. |
