European judges will rule Gibraltar: Brexit deal means The Rock must follow EU rules to appease Spain, British ministers admit

By William On May 2, 2024

European judges could rule on disputes involving Gibraltar as part of a new Brexit deal, ministers have admitted.

The Rock Region will also have to follow some EU rules from the agreement to secure a more open border with Spain, the Foreign Ministry said.

Tory MPs have expressed ‘significant concern’ about the concessions, questioning whether British sovereignty over the area could be at risk as a result of the deal.

British Secretary of State for Gibraltar David Rutley stressed to the Commons European Scrutiny Committee that defending the sovereignty of the British Overseas Territory was a ‘red line’.

The concerns have been raised as Foreign Secretary Lord Cameron leads talks with the EU in a bid to strike a deal and end the post-Brexit impasse, with officials announcing last month that agreement had been reached on the ‘ core elements’ of the pact.

The Rock area will have to follow a number of EU rules from the agreement to secure a more open border with Spain, the Foreign Office said.

Foreign Secretary Lord Cameron is leading talks with the EU in a bid to strike a deal and end post-Brexit impasse

Britain has been embroiled in talks over the future of Gibraltar since it left the European Union in 2016, ending freedom of movement between Spain and the territory.

The sovereignty of the area, which was ceded to the British by Spain in 1713, remains a source of tension between Britain and Spain.

The inhabitants voted against Spanish sovereignty twice in 1967 and 2002. In 2016, they voted overwhelmingly (96%) to stay in the European Union.

Madrid continues to claim sovereignty over the spit of land, located at the southern end of the Iberian Peninsula.

It is pushing for a treaty on the future of the area after Brexit, before the European Parliament elections on June 6.

But pressure from Tory MPs has increased after a Foreign Office official involved in the negotiations admitted the concessions include allowing the European Court of Justice (ECJ) to exert influence there.

He told MPs on the Commons European Scrutiny Committee that while the Luxembourg-based court would not enforce the “direct application” of EU rules to the Rock, there could be cases “where there may be (a) referral ‘.

The committee’s chairman, Sir Bill Cash, said its role was focused on its sovereignty.

Madrid continues to claim sovereignty over the spit of land, located at the southern end of the Iberian Peninsula. In the photo: Spanish Foreign Minister Jose Manuel Albares

‘I sincerely trust that the Government and the Foreign Secretary are well aware of the fact that any extension or indirect application of the jurisdiction of the Court of Justice to matters relating to these issues would be a very, very serious matter will be considered,” he warned.

David Jones, former Brexit minister: ‘We are talking, it seems to me, about a significant reduction in British sovereignty, which the government is apparently happy to play along with.’

Mr Rutley told the committee that the Gibraltar government was happy with the proposed deal and wanted to see it completed.

“The UK will only reach an agreement with the EU on Gibraltar that satisfies the government of Gibraltar, that safeguards Gibraltar’s sovereignty and that fully protects the operations and independence of British military facilities in Gibraltar,” he said.

‘These are actually our red lines, they have been since the beginning. We’re not going to make a deal that isn’t the right deal.”

In theory, Gibraltar – home to more than 32,000 people – is currently outside the EU customs union and not subject to free movement rules.

However, Madrid has granted a temporary exemption to workers and tourists to avoid disruption on the narrow peninsula off Spain’s southern coast, leaving the overseas territory in a state of limbo since Brexit.

The temporary agreement could be revoked by Spain at any time, so negotiations are working towards agreeing common travel between Gibraltar and the EU’s Schengen zone, which would lift most border controls.

A view from the top of the Rock of Gibraltar, with the airport and Spanish border below (left)

The latest row comes after a top EU commissioner was accused of ‘grandstanding’ by the former head of Britain’s Royal Navy after saying ‘Gibraltar is Spanish’.

Margaritis Schinas, Vice-President of the European Commission, made the comments during a briefing in Seville last month.

They have already been labeled as ‘incomprehensible’ by the Spanish Foreign Minister, José Manuel Albares.

The Gibraltar dispute between Britain and Spain: centuries of painful conflict

Gibraltar’s sovereignty is a major source of tension between Britain and Spain.

In both 1967 and 2002, the people of Gibraltar rejected proposals for Spanish sovereignty.

Despite this, Spain still lays claim to the territory.

The tension began in 1704 when an Anglo-Dutch force captured Gibraltar from Spain during the War of the Spanish Succession.

The area was then ceded to Great Britain in the Treaty of Utrecht in 1713.

Historically it has proven to be an important base for the Royal Navy.

Now the economy is based on tourism, financial services and shipping.

Under Gibraltar’s 2006 constitution, the territory governs its own affairs, although defense and foreign relations remain the responsibility of the British government.

Located at the southern end of the Iberian Peninsula, it has an area of 6.8 square kilometers (less than three square miles).