ABSTRACT
The Withdrawal Agreement (WA) includes a Protocol on Gibraltar addressing the specific issues that the withdrawal of the UK from the EU creates in respect of Gibraltar. The Protocol on Gibraltar and the Memoranda of Understanding agreed between Spain and the UK in November 2018 will not allow Spain to assert its sovereignty in relation to Gibraltar, but they have given Spain an excellent opportunity to ‘take back control’ over many issues of serious concern to Spain. Even though the Memoranda are not legally binding, the Brexit negotiations allowed Spain to gain leverage in the dispute while postponing a direct push for sovereignty. Failure to find solutions to the issues that concern Spain with respect to Gibraltar will have an impact on the negotiations between the EU and UK. Arguably, a compromise between both countries may be included in a future framework agreement negotiated between the EU and the UK, following the precedent of the Protocol on Gibraltar.
