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El Brexit y los Acuerdos de retirada y de comercio y cooperación: marco institucional y mecanismos de solución de controversias

The new legal framework within which relations between the European Union and the United Kingdom are to develop as of 1 January 2021 is based on two fundamental agreements, the Withdrawal Agreement and the Trade and Cooperation Agreement, the latter pending its formal entry into force, but provisionally applied, according to the Council decision of 29 December 2021. The two agreements, which will coexist for some time, are independent and differ significantly from each other, some of them on certainly important issues. Throughout the present review, the governance rules contained in the two agreements will be examined, with reference to the dispute settlement mechanisms. Attention will also be drawn to the most critical points of the arbitration proceedings determined in both Agreements, with particular regard to the position in which individuals are placed in the event of violation of the Agreements which cause them damages and the investments protection.