Applicability motions: the process for new EU laws to apply in Northern Ireland
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The Joint Committee is considering a new EU law to be added to the Framework or a law on which the Stormont Brake has been pulled.
The Assembly is notified. The process can then continue down two routes.
Route 1
The First and deputy First Minister table an "applicability motion". (If not, another Member of the Assembly).
The applicability motion must be agreed with cross-community support.
If it is:
UK Government may agree to add the new EU law to the Framework. If it does, the new law, or amended/replacement EU law applies in Northern Ireland. If not, the EU and UK examine all further possibilities to maintain good functioning of the Framework. If the matter is not resolved, the EU may take "appropriate remedial measures".
If an applicability motion is not agreed with cross-community support:
- The UK Government must not agree to add this new EU law to the Framework in the Joint Committee (it can if there are exceptional circumstances or the new EU Act would not create a new regulatory border between Great Britain and Northern Ireland).
- The EU and UK examine all further possibilities to maintain the good functioning of the Framework.
- If the matter is not resolved, the EU may take "appropriate remedial measures".
Route 2
No applicability motion is tabled.
The UK Government must not agree in the Joint Committee to add the EU law to the Windsor Framework (it can if there are exceptional circumstances or the new EU Act would not create a new regulatory border between Great Britain and Northern Ireland).
The EU and UK examine all further possibilities to maintain the good functioning of the Framework.
If the matter is not resolved, the EU may take "appropriate remedial measures".
