The agreement with the EU would cause changes in the sovereignty
The consequences that will be caused to Andorra by the departure of the United Kingdom from the European Union are still unknown. The ministry of foreign affairs Gilbert Saboya, announced that the signing of the agreement with the EU will be delayed, considering that the government doesn’t agree with some of the clauses, fearing that it may change the sovereignty of the country. The European External Action Service (EEAS) is aware that the government of Andorra is concerned. The two sides are still negotiating, if the agreement doesn’t suffer any modifications, it will cause changes in the sovereignty of Andorra.
The European Union offers to manage the differences between both sides at the Court of Justice of the European Union. Andorra sent a document to the EU indicating their observations, questions, modifications and their concernment on the low experience of the court in external affair cases. Andorra is not willing to sign the agreement without any modifications; neither thinks that the rest of the neighbors of the European Union are. However, the government of Andorra will continue negotiating with the Union.
The controversial articles
The negotiators highlight the article 11, entitled “uniform interpretation”, “Andorra should accept the jurisdiction of the Court related to the internal market” but “cannot accept the jurisdiction of the Court concerning areas that are not specific to the internal market”. Between the 26 articles there is another one that is highlighted, the country declares that the article 18 “Managing the differences between the sides” is difficult to accept too, because the institution that helps manage the differences is related to one of the sides and they would be unprejudiced. Andorra insists to involve a third country to resolve future disagreements.
Andorra is more concerned about the article 20 which deals with “Decisions that involve financial obligations.” The government of Andorra doesn’t agree, considering that it would mean that the country would disregard its sovereignty and wouldn’t participate in European nor international organizations. Andorra wants to include an article that deals with “safeguard measures.” It would protect the country if it cannot deal with the implements provided in the agreement. In case of economic difficulties, sectoral, regional or persistent, after informing the Joint Committee they could get appropriate safeguard measures.
The agreement’s structure
The government of Andorra wants to change the structure of the agreement by including a framework, protocols and annexes. The framework agreement would include, on one hand, the rules on the free movement of goods, the free movement of services and freedom of establishment, free movement of workers and freedom of movement of capital. On the other hand, the nature of institutional mechanisms that ensures the homogeneity of the internal market and the solution of conflicts. The protocols would integrate specific provisions that would implement in the framework agreement and the provisions relating to tax exemptions or transitional measures. The annexes would include a list of legal acts, representing legislative acquis of the EU related to Andorra.