Spain's veto of Gibraltar Brexit 'could be illegal'
European Court of Justice could overturn EU ruling giving Madrid a say on final deal
Spain's effective veto over whether Brexit will apply to Gibraltar could be illegal and overturned by the European Court of Justice, the Daily Telegraph says.
An EU ruling earlier this year stated that any deal will not apply to the territory without an "agreement between the kingdom of Spain and the UK".
However, MEPs and legal experts say this effective "veto" would give Spain special status among EU nations, which are supposed to be equal.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
British officials were taken by surprise by the clause, which was laid out in the EU's Article 50 negotiating guidelines. A senior Whitehall figure told the Telegraph it was "absolutely unacceptable" and gave Madrid too much power over the future of Gibraltar. Others accused Spain of using Brexit to mount a "land grab" for the Rock.
In May, the Daily Mail said the Spanish government was planning to use its veto to tell Gibraltar how to run its economy.
Citing leaked documents from Spain's foreign ministry, the paper claimed Madrid wanted to end what it described as the Rock's "unjustified privileges", namely its low-tax status, and demand a "new accord" over flights into the territory.
Gibraltar's Chief Minister Fabian Picardo said the Rock had "cast-iron assurances" from Brexit Secretary David Davis it would not be excluded to secure a better post-Brexit trade deal and he would not accept any compromise with Madrid.
"The Spanish government's mask is slipping. It is becoming abundantly clear that they want to try to use Brexit to take narrow advantage," he told the Daily Telegraph in May.
Legal experts say the European Court of Justice could rule that the veto is in breach of EU law. A successful legal challenge "could hand British negotiators, who were wrong-footed by its inclusion, leverage in Brexit talks or help push back against Spanish sovereignty claims over The Rock", says the Telegraph, while also being "a major embarrassment for the EU, which has successfully presented an image of unity and organisation".
However, if the UK government does decide to challenge the vote in the courts, it would risk throwing the negotiating timetable further into disarray, as well as further sour relations with the rest of the EU.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Why more and more adults are reaching for soft toys
Under The Radar Does the popularity of the Squishmallow show Gen Z are 'scared to grow up'?
By Chas Newkey-Burden, The Week UK Published
-
Magazine solutions - December 27, 2024 / January 3, 2025
Puzzles and Quizzes Issue - December 27, 2024 / January 3, 2025
By The Week US Published
-
Magazine printables - December 27, 2024 / January 3, 2025
Puzzles and Quizzes Issue - December 27, 2024 / January 3, 2025
By The Week US Published
-
Why Assad fell so fast
The Explainer The newly liberated Syria is in an incredibly precarious position, but it's too soon to succumb to defeatist gloom
By The Week UK Published
-
Romania's election rerun
The Explainer Shock result of presidential election has been annulled following allegations of Russian interference
By Sorcha Bradley, The Week UK Published
-
Russia's shadow war in Europe
Talking Point Steering clear of open conflict, Moscow is slowly ratcheting up the pressure on Nato rivals to see what it can get away with.
By The Week UK Published
-
Cutting cables: the war being waged under the sea
In the Spotlight Two undersea cables were cut in the Baltic sea, sparking concern for the global network
By The Week UK Published
-
The nuclear threat: is Vladimir Putin bluffing?
Talking Point Kremlin's newest ballistic missile has some worried for Nato nations
By The Week UK Published
-
Russia vows retaliation for Ukrainian missile strikes
Speed Read Ukraine's forces have been using U.S.-supplied, long-range ATCMS missiles to hit Russia
By Arion McNicoll, The Week UK Published
-
The Spanish cop, 20 million euros and 13 tonnes of cocaine
In the Spotlight Óscar Sánchez Gil, Chief Inspector of Spain's Economic and Tax Crimes Unit, has been arrested for drug trafficking
By The Week UK Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published