Important steps forward were taken in November and December in both chambers of the British Parliament. A committee of members of the House of Lords and of the House of Commons did not formulate any objections against the Privileges and Immunities Protocol. The House of Commons approved on 4 December 2017 the Protocol. On 6 December 2017, the House of Lords Grant Committee also approved the Protocol. Last steps to be taken in United Kingdom are now approval by th House of Lords (probably before 15 December 2017) and final approval of the Privy Council, most probably in January 2018. After these final steps the British Government can ratify the package consisting of UPCA, Protocol on Provisional Application and the Privileges and Immunities Protocol.
Great Britain would be the 15th member state to ratify the UPCA. So far there have still not been any announcements or indications from the UK of not wanting to ratify the UPCA after all or of postponing ratification. Accordingly, ratification by the UK is expected in January or February 2018.
Further ratifications by Latvia and Slovenia are imminent. According to Art. 89 UPCA, after a ratification by the United Kingdom, only Germany would still have to deposit its instrument of ratification. All other requirements cited in Art. 89 UPCA have in the meantime been satisfied.
However, there is nothing really new to report from Germany, specifically from the Federal Constitutional Court. Even though by now both appellant and grounds of appeal are known, there has not been any announcement from the Federal Constitutional Court regarding next steps. The only thing that is clear is that the comment period for national and state governments and other interested associations (DAV, EPLAW) has been extended to 31 December 2017. Therefore, a detailed timetable for the Agreement’s coming into force will likely not be drawn up before the end of February.
