Spain’s effective veto on a Brexit deal applying to Gibraltar could be illegal under EU law and risks being overturned by the European Court of Justice
Experts and politicians have said that it could elevate Spain's status among EU nations
SPAIN'S effective veto on a Brexit deal applying to Gibraltar could be illegal under EU law, it has been revealed.
Experts and politicians have said that it could elevate Spain's status among EU nations.
Outrage erupted earlier this yearwhen it emerged that the Spanish could have a say in the future of Gibraltar when we leave the EU.
In the nine page EU Brexit guidelines, drafted on behalf of the remaining 27 EU nations, it said that any agreement between the EU and the UK would have to be signed off not only by the UK but also by “the Kingdom of Spain”.
An EU official said Gibraltar was “disputed territory”, despite being in British hands for 300 years.
In 2002 Gibraltans held a referendum on its sovereignty - with an overwhelming majority of people wanting to remain a part of Britain.
The Sun launched a 'hands off' Gibraltar campaign to defend the rights of those living in the area.
Italian socialist MEP Isabella de Monte asked whether Article 50 was strong enough to support the veto - which would mean not all of the EU27 states were equal.
EU law expert Professor Steve Peers from the University of Essex told the Telegraph: "Nothing is clear about the legal issues arising from Article 50."Usually the ECJ says that the EU has flexibility in international negotiations."
Gibraltar’s Chief Minister Fabian Picardo said last year it was "unnecessary and unacceptable" discrimination.
“This is a disgraceful attempt by Spain to manipulate the European Council for its own, narrow, political interests," he said.
But last month he declared the Rock would not become a victim of Brexit.
He said he had "cast iron assurances" that Gibraltar would not be excluded from talks to secure a better post-Brexit deal.