How does the 2026 UK/EU Treaty in relation to Gibraltar protect sovereignty and jurisdiction?
Short answer
Article 2 of the treaty provides that it is without prejudice to, and does not affect, the legal positions of the UK and Spain on sovereignty and jurisdiction, and cannot be used as the basis for any assertion or denial of sovereignty. Disputes touching on sovereignty are excluded from the treaty's dispute settlement mechanism.
Detailed answer
Article 2 is a broad 'without prejudice' clause. It states that the Agreement does not affect the respective legal positions of the UK and Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings. The arbitration tribunal established under the treaty must decline jurisdiction over sovereignty disputes, and additional exceptions allow refusal of assistance where sovereignty would be prejudiced. The treaty's dispute settlement mechanism otherwise follows the model of the UK-EU Withdrawal Agreement and Trade and Cooperation Agreement: consultations first, then independent arbitration. Where a dispute raises a question of interpretation of EU law, the Court of Justice of the European Union gives a binding ruling on that question. The treaty operates alongside the UK Government's 'double lock' commitment that the people of Gibraltar will never pass under the sovereignty of another state against their freely and democratically expressed wishes. The operational autonomy of the UK's military facilities in Gibraltar is also preserved. The Gibraltar Government has published legal opinions stating that the treaty makes no concession of legal sovereignty, and the treaty was approved unanimously by the Gibraltar Parliament.