At the end of October 2018, the National Court of Auditors warned that it was already too late to prepare the necessary Irish border controls in the event of a Non-Deal Brexit in March 2019, a weakness that would be quickly exploited by organised crime.  The governments of the United Kingdom and Ireland have called the invisible and open border ”the most tangible symbol of the peace process.” In April 2019, former WTO Director-General and EU Trade Commissioner Pascal Lamy said that ”staying in a customs union after Brexit will not solve the Irish border issue… When we leave the internal market, we would re-enter a border whose thickness depends on the degree of regulatory divergence.  6 This very brief historical sketch of the evolution of cross-border social and commercial flows since 1973 shows that the socio-economic normalization of the Irish border is not only the result of European decisions and influences. Above all, it is a direct result of the evolution of relations between London and Dublin on the issue of Northern Ireland in the wider context of Europe. The Irish border, which has been an intra-European border since 1973, has facilitated a finely balanced political compromise on both the whole of Ireland and the internal dimensions of the Northern Irish problem4. The Good Friday agreement allowed Northern Irish to identify themselves as Irish, British or both and to have a passport from one or both countries. Katy Hayward and Maurice Campbell wrote that the Legatum Institute`s ”solution” on the border with Brexit was very problematic (18 September 2017). Michel Barnier, the EU`s chief negotiator, has announced that he will ”find solutions” for the UK and Ireland to deal with threats to Irish trade relations, the common travel area and the Good Friday agreement.  Irish Foreign Minister Simon Coveney denied British media reports that Ireland expected the effective border to become the Irish Sea and said that ”British officials were obliged to find an imaginative solution, but [the Irish government] would not support a proposal for a brutal return of the border with Ireland.”  By listing the problems here and inserting the word ”sectarian” in particular, I do not underestimate these difficulties in any way. It may be arguable that a physical border is politically impossible for Republicans in the North or the South.
But if that`s the reason for the backstop and not a legal violation of the GFA, I think we need to know. I do not think that the arguments and conclusions of EU lawyers are available to the public. When I ask this question, I really don`t ask for speculation. It is clear that the GFA is based on the existence of an island on which there are no physical boundaries. But on the subject of these limits, he remains silent. In an interview last year, he also placed the border in the context of the Good Friday agreement. Polly Toybee (Guardian 11 Feb 18) – ”The barrage of hard Brexiteers can`t make the rounds: Ireland” (Added Feb 13. 9 ”For the most part, the UK proposes that the whole of the UK remain in the customs union after the end of the transition period for a limited period – that is, the EU would leave the EU in March 2019 and leave the internal market in December 2020 , but would stay longer in the customs union. The idea is ”to apply a temporary customs regime… between the UK and the EU,” which would allow the UK to sign free trade agreements with other countries (but not implement the parts of these tariff-related agreements, making them largely useless). The proposed UK backstop ”will only be in effect until the future tariff regime can be put in place,” which the government is ”waiting” to be by the end of December 2021. Jon Henley, ”Brexit: What is the Uk`s backstop proposal?”, The Guardian, 7 June 2018.