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EU resorts to Brexit lawfare despite Starmer’s Europe reset

Where is the Prime Minister's much-touted ruthlessness? Credit: Getty

December 21, 2024 - 1:00pm

Many governments are hustling to get their affairs in order before Donald Trump enters the White House — and the EU is no exception. This week, it was reported that the European Commission is referring the UK to the EU’s highest court, the European Court of Justice (ECJ), for allegedly breaking the terms of the Brexit agreement in 2020. This is despite Brussels knowing very well that Labour Prime Minister Keir Starmer has been keen to strengthen relations since long before he was elected. He did, after all, torpedo his own party’s election prospects back in 2019 when he actively campaigned for a second referendum on British membership of the EU. Yet Starmer’s devotion to Europe and his willingness to abase himself and his country makes no odds in Brussels. Nor does Chancellor Rachel Reeves’s announcement this month of forging closer ties with the EU.

The intention behind the Commission’s referral to the court is blatant. It appears that the EU is softening Britain up in advance of the scheduled negotiations to review the Brexit withdrawal agreement next year. The fact that the bloc is treating Britain as an opponent rather than an ally should come as no surprise. The EU’s record in negotiating with its own members who vote against the union provides ample evidence of the ruthlessness of the Brussels bureaucracy. We need only recall how Ireland was forced to vote again on the Treaty of Lisbon in 2009. This is to say nothing of the punishment meted out to Greece for having the temerity to refuse the terms of the bailout in 2015, or how the bloc manipulated fears of war in Ireland to extract concessions from Theresa May’s government between 2017-19.

For all that, there would be little point being angry or disappointed with Brussels. After all, the EU is made up of bureaucrats who ruthlessly defend their own interests. However, Britons can be legitimately frustrated with their own government, as it proves itself incapable of defending national interests in negotiations with an organisation that treats voters with such evident contempt. If Starmer’s government felt any confidence in its democratic mandate, ministers could equally confidently rebuff the Commission, knowing full well that it does not represent the nations of Europe, whose interests lie in friendly cooperation with the UK.

Unlike in 2015 or even 2019, there is also a fair amount of bluff and bluster in the EU’s tough stance today. It is in a much weaker position now than it was a decade ago. If Starmer does not care for democracy, perhaps he could simply serve Britain’s interests by taking advantage of EU weakness. The EU is, after all, in deep trouble. It is squeezed from the east by the front line slowly crumbling in Ukraine, and squeezed from the west by the prospect of an incoming Trump administration.

Trump is eager to squash more military spending out of EU countries to support Nato, so that he can turn his attention to China. Inside the EU, its two most powerful states are in disarray. The credit ratings agency Moody’s has downgraded French debt, while President Emmanuel Macron struggles to appoint a stable government from an assembly that has turned against him. German Chancellor Olaf Scholz has torpedoed his own coalition, prompting an early election in February next year. Meanwhile, German industry continues to crumble.

Given the conditions confronting the EU, and the economic and political benefits it would receive from aligning Britain ever more tightly with Brussels, one could reasonably expect them to show a little more humility and warmth in their approach to Britain. Then again, the European Commission is a bureaucracy teetering on top of a continent seething with popular discontent. Its aggression towards negotiations reflects a lack of meaningful democratic support from the nations of Europe. Starmer’s supporters consistently refer to his ruthlessness. So far, it has only been evident in his personal ambition. If such ruthlessness is to be of any political value, let him show it in negotiations with the EU on behalf of Britain.


Philip Cunliffe is Associate Professor of International Relations at the Institute of Risk and Disaster Reduction, University College London. He is author or editor of eight books, as well as a co-author of Taking Control: Sovereignty and Democracy After Brexit (2023). He is one of the hosts of the Bungacast podcast.

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Lancashire Lad
Lancashire Lad
4 hours ago

Should Starmer even murmur about anything that looks like backtracking on the Brexit agreement he’ll be committing political suicide; and if he doesn’t fall on his sword, a certain N. Farage will be waiting to finish him off. The political stupidity of Brussels being the only aspect worse than Starmer’s own, this would play right into the hands of Reform.

John Tyler
John Tyler
3 hours ago

EU sinking to its usual level of bullying. Like any bully, they are too scared to stand up to other bullies (Russia, China, etc), preferring to wreak revenge on a smaller neighbour who dared to act independently. Also like any other bully, they take any sign of friendliness and weakness and are only satisfied when the small fry show absolute submission. Its sad. I voted to stay in Europe. I was fooled, but since then they have shown their true colours.

Buck Rodgers
Buck Rodgers
54 minutes ago

It genuinely never occurred to me that Starmer might act ruthlessly, in favour of Britain’s interests. He’ll pull his own pants down and bend over – we all know this. The fact that the EU is using an international court shows that they understand their opponent.