Legality of the contentious trading arrangements has been challenged by a collective of unionists and Brexiteers
The arrangements, which became effective in 2021, instead shifted customs and regulatory checks to the Irish Sea and created new red tape on the movement of goods between Britain and Northern Ireland, with trade in the North remaining subject to certain EU Single Market rules.
The legal challenge also contends that the protocol undermines the peace process legislation underpinning Northern Ireland’s powersharing settlement at Stormont – the 1998 Northern Ireland Act. It also includes cross community provisions that ensure controversial decisions at Stormont can only be taken if they are supported by a certain proportion of both nationalist and unionist MLAs.
In 2021, Belfast high court judge Mr Justice Colton dismissed a judicial review challenge against the lawfulness of the protocol on all grounds.
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