Vox MEP questions EU ratification of Gib treaty  

A Vox MEP has tabled a question in the European Parliament asking the European Commission about the ratification of the UK/EU treaty on Gibraltar, suggesting there is “an obligation” to seek the approval of the Spanish Parliament. 

The question was filed by Jorge Buxadé on behalf of the Patriots for Europe parliamentary group, which brings together hard-right parties including Vox in the European Parliament.  

The question refers to a Vox motion recently approved by the Spanish parliament’s mixed committee on foreign affairs, recording its objection to the treaty. 

The debate on the motion exposed sharp political division over the treaty, with Vox branding the deal “a situation of national shame” and the socialist PSOE party dismissing that stance as “placard patriotism”. 

The Vox motion was passed with PP support and formally records the opposition parties’ views on the agreement but has no other practical effect. 

But in the question to the Commission, Mr Buxadé said the Spanish parliament had in effect rejected the agreement “… on the grounds that it runs counter to the Spanish claim of sovereignty over the British colony, which is afforded a much more favourable regime than it enjoyed during the United Kingdom’s membership of the European Union, and indeed than that stipulated under the Treaty of Utrecht.”  

He said the motion “… also condemned the Agreement for failing to equalise taxation between the Gibraltar and Campo de Gibraltar.” 

“The Cortes Generales also rejected the Agreement on the grounds that the government is in breach of the constitution by not submitting it for prior approval.” 

He asked: “Does the Commission still intend to ratify a treaty which has not been approved by the parliament of the Member State concerned and which holds the title of sovereignty over Gibraltar?”  

“Does it consider that the mere approval by the European Parliament dispenses with the obligation to seek the approval of the national parliament of the State concerned?” 

The questions have yet to be answered. 

The European Council has yet to refer the UK/EU treaty on Gibraltar to the European Parliament for ratification.   

The European Parliament is unlikely to complete ratification of the Gibraltar treaty before the autumn. 

The agreement has the support of the Spanish government, the European Commission and the 27 EU members on the European Council, which should help its passage through the parliamentary process.  

But it will also face resistance from Spanish opposition parties, which have rejected the agreement during debates in the Spanish Parliament.  

While Vox has made clear it will oppose the vote in the European Parliament, the Partido Popular has yet to confirm what position it will take.  

Opposition from Spanish right-wing parties would be unlikely on its own to derail ratification unless it attracted broader support across parliamentary groups.  

Thijs Reuten, a Dutch MEP for Progressive Netherlands who is the rapporteur on EU/UK relations for the parliament’s Committee on Foreign Affairs, told this newspaper last month that MEPs have generally “always been in favour” of a solution that benefits citizens on both sides of the border.  

In parallel to the European process, the UK parliament will also have to ratify the agreement through a procedure set out in the Constitutional Reform and Governance Act 2010.  

Under the so-called CRaG process, the UK government cannot ratify a treaty unless it has first laid a signed copy before parliament for 21 sitting days, along with an explanatory memorandum.  

The agreement would have to be signed by the UK and the EU prior to its provisional implementation from July 15, though details of when this might happen, and where, have yet to be publicly confirmed.