Glossary

EU Law Scrutiny Tracker

Applicability motions

Applicability motions apply when the EU adopts a new act, such as a regulation or directive, which it considers to be within the scope of the Windsor Framework. The UK will not agree for new EU acts to be added to the Windsor Framework, and therefore to apply in Northern Ireland, unless the Assembly passes an ‘applicability motion’ with cross-community support. UK Government legislation, made in February 2024, sets out this new role for the Assembly. However, if the UK Government views there to be ‘exceptional circumstances’ (including the absence of a functioning Assembly and Executive), or if the new law would not create a regulatory border between NI and GB, it can agree to adopt the law in the EU-UK Joint Committee. Read more about applicability motions.

 

Article 13 (3a)

Article 13(3a) of the Windsor Framework establishes an emergency brake mechanism known as the ‘Stormont Brake’, whereby 30 Members of the Assembly may seek to prevent the application of a replacement EU act in Northern Ireland. This mechanism was agreed by the EU and UK in March 2023.

A unilateral declaration by the UK Government, and Schedule 6B of the Northern Ireland Act, set out the procedure and conditions for the use of the Stormont Brake. Read more about the Stormont Brake.

 

Article 13(4)

Article 13(4) sets out how a new EU act would be added to the Windsor Framework: this must be agreed in the EU-UK Joint Committee. The UK Government made legislation introducing a role for the Northern Ireland Assembly regarding these new EU laws. The UK will not agree for new EU acts to be added to the Windsor Framework, and therefore to apply in Northern Ireland, unless the Assembly passes an ‘applicability motion’ with cross-community support. Read more about applicability motions.

 

EU-UK Joint Committee

The Joint Committee is responsible for the implementation and application of the Withdrawal Agreement, including the Windsor Framework. It is co-chaired by a UK Government Minister and a European Commissioner. The Joint Committee can adopt decisions relating to the Windsor Framework. Read more about the Joint Committee and governance of the Withdrawal Agreement.

 

New EU act

A new EU act is an EU law, such as a regulation or directive, which the EU deems to be within the scope of the Windsor Framework and should therefore be added to the list of law applying in Northern Ireland. Article 13(4) and the 'applicability motion' process applies. Read more about applicability motions.

 

Official Journal of the EU

The Official Journal of the European Union is the official publication for EU legal acts. Under the ‘ordinary legislative procedure’, once the Council of the EU and European Parliament have reached agreement and formally adopted a legislative proposal, this is published in the Official Journal as a directive, a regulation or a decision of the Parliament and the Council. View the Official Journal of the EU [External link]

 

Proposed EU act

A proposed EU act indicates an EU legislative text, which has yet to complete the EU legislative procedure. The final text has not yet been agreed, adopted and published by the EU. Under the EU’s ordinary legislative procedure (the main decision-making procedure for adopting EU legislation), the European Commission submits a legislative proposal to the Council of the EU and European Parliament. These institutions must agree on the legal text for it to become law and they can review, amend, or reject the text during this process. Once the text has been agreed, the law is adopted and then published by the EU in its Official Journal. In the 2014-2019 legislative term, this process took on average 20 months. Read more about the ordinary legislative procedure [External link].

The Democratic Scrutiny Committee may consider, monitor, and publish reports on relevant acts which have been proposed by the European Commission.

 

Published EU act

An EU act is published in the Official Journal of the EU when the final text has been agreed and adopted by the Council of the EU and the European Parliament. Once published, a scrutiny period of two months begins and there are associated deadlines for the work of the Democratic Scrutiny Committee and the use of the Stormont Brake.

 

Replacement EU act

A replacement EU act is an EU act which amends or replaces any relevant laws which already apply in Northern Ireland under the Windsor Framework. These are listed in Annex 2 of the Windsor Framework. Article 13(3) applies and the Stormont Brake could be used under certain circumstances.

 

Stormont Brake

The Stormont Brake is an emergency brake mechanism whereby members of the Assembly may seek to prevent the application of a replacement EU act. Under the procedure, 30 MLAs from at least two parties in the Northern Ireland Assembly can notify the Government of their wish that the “emergency brake” on an EU law be pulled i.e. that they wish to stop the application of an EU act, which amends or replaces an act which already applies in Northern Ireland under the Windsor Framework (known as a replacement EU act). There are certain conditions attached to the use of the Stormont Brake. Read more about the Stormont Brake.

 

The Windsor Framework (Democratic Scrutiny) Regulations 2024

The UK Government made The Windsor Framework (Democratic Scrutiny) Regulations 2024 in February 2024. The Regulations inserted a new Schedule 6B (EU Withdrawal: Windsor Framework democratic scrutiny) into the Northern Ireland Act 1998. This contains additional details about the Stormont Brake procedure, makes provision for applicability motions, and establishes the Windsor Framework Democratic Scrutiny Committee.

 

Windsor Framework

The Windsor Framework, adopted in March 2023 by the EU and UK, made changes to the Protocol on Ireland/Northern Ireland in a number of areas, including the movement of goods, and processes for parcels, pets, plants and medicines. It made provision for the Stormont Brake, and the EU and UK made commitments on greater engagement with Northern Ireland stakeholders. The Protocol on Ireland/Northern Ireland was also renamed the Windsor Framework. Read more about the Windsor Framework.

 

Windsor Framework Democratic Scrutiny Committee

The role of the Windsor Framework Democratic Scrutiny Committee is to assist with the observation and implementation of Article 13(3a) and (4) of the Windsor Framework. This relates to replacement or new EU laws which may apply in Northern Ireland under the Windsor Framework. Following notification by the UK Government of relevant EU laws or proposed EU laws, the Committee may scrutinise these laws, engage with stakeholders, undertake inquiries, and publish reports.

 

For further information about the post-Brexit arrangements for Northern Ireland, and the Windsor Framework, visit the Brexit & Beyond webpages.