I am referring to May's signing, because something lying on a statute book unused only has potential consequences. May's action brought those consequences about. When talking about A50 this is what most of us are referring to, but I admit there are posters for whom things have to be spelt out
The statute book you refer to (Article 50) was passed into EU Law on 1 December 2009 and accepted by all EU members. If any of the members thought departure form the EU by any of the other members would be a disadvantage they had the opportunity to say so at the time. Not one member (Ireland included) objected.
To complain 10 years later is way too late.
T Mays notification to the EU of the UK’s intention to leave the EU was in accordance with section 1 of Article 50 subsequent to the result of the referendum held 23 June 2016 in which the majority of interested voters voted to leave the EU.
Johnson’s huge victory in the recent election demonstrated that the will of the UK people to leave the EU had not changed since June 2016.
UK’s departure from EU is to be done in accordance with Article 50 which is EU Law. GFA is not part of EU law. Hence the reason GFA was not referenced in Article 50.
Section 3 of Article 50 states that if the member who has served notice to leave and the EU are unable to agree a deal, then the member leaves the EU without a deal. All treaties, laws and agreements that existed between the EU and the leaving member lapse instantly.
This is Ireland’s problem as EU law states there must be border controls between EU and Non EU countries as exist in Eastern Europe. Such action by Ireland has no connection to UK whatsoever as they are no longer an EU member and can’t be held responsible for directives issued by Brussels to other EU member states.
WTO have stated they will not require either Ireland or the UK to install a hard border in Ireland. However, WTO does not overrule EU law.
France and Germany are aware of this conundrum and hence suggested that NI must remain in the SM and CU. Impossible of course as NI is a member state of UK which has left the EU.
Best solution would be for EU to agree a free trade deal with the UK.