Brexit on the island of Ireland: beyond unique circumstances
Keywords:Ireland/Northern Ireland, Brexit, European Union law, Draft Protocol Ireland/Northern Ireland Withdrawal Agreement, hybrid citizenship, antidiscrimination law
This article offers an original analysis of Ireland’s and the UK’s common EU membership in the light of Brexit, identifies socio-economic decline and threats to the functionality of the Good Friday Agreement as decisive threats emanating from Brexit, and suggests that these can be counteracted by providing a sustainable legal framework for hybridity of Northern Ireland in the categories of citizenship and territory, as well as for deepening socio-economic and civic integration on the island of Ireland, alongside securing antidiscrimination law in Northern Ireland. Instead of protecting these elements, the Draft Protocol on Ireland/Northern Ireland to the EU–UK Draft Withdrawal Agreement sacrifices the indivisibility of the Internal Market by limiting Northern Ireland’s access to markets in goods. Concise changes to the draft are proposed to address these shortcomings and to secure participation of Northern Ireland’s representatives in its implementation.