Ireland - the Good Friday Agreement guarantees free movement of people on the island of Ireland so there can't be any checks on people moving throughout the island. This by extension will mean no border for goods so Northern Ireland will stay in the customs union and the single market.
I know, thats why any deal struck will have to have freedom of movement and freedom of trade. For the government to insist that it won't is ludicrous.
In the Northern Ireland Act 1989 there is a provision for ECJ intervention in the affairs of Northern Ireland. Also some Northern Irish citizens have Irish citizen rights, as dual passport holders and therefore come under the jurisdiction of the ECJ. There will be a special arrangement for the island of Ireland. Something the DUP are venomously against, as they want Brexit means Brexit.
There isn't. The act provides for a
reference to the ECJ with regards to getting a preliminary ruling over whether legislation proposed by the Assembly is something that the Assembly has within its competence. It does not apply (or at least wouldn't apply directly) to the status of EU (or Northern Ireland) citizens within NI, and its questionable whether it would still apply given that we would no longer be a signatory to the quoted treaties. The
actual bit of legislation is below:
12 Reconsideration where reference made to ECJ.
(1)This section applies where—
(a)a reference has been made under section 11 in relation to a provision of a Bill;
(b)a reference for a preliminary ruling has been made by the [F1Supreme Court] in connection with that reference; and
(c)neither of the references has been decided or otherwise disposed of.
(2)If the Assembly resolves that it wishes to reconsider the Bill—
(a)the Presiding Officer shall notify the [F2Advocate General for Northern Ireland and the Attorney General for Northern Ireland] of that fact; and
(b)the [F3person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference] .
(3)In this section “reference for a preliminary ruling” means a reference of a question to the European Court of Justice under—
[F4(a) Article 267 of the Treaty on the Functioning of the European Union; or]
(c)Article 150 of the Treaty establishing the European Atomic Energy Community.
As for dual passport holders, just because a person has passports for country A and B, that does not entail that country A can therefore interfere in country B beyond the limits set by international treaties. Irish passport holders in the UK would (and should) fall under the jurisdiction of UK courts in the same way that UK citizens in the Republic would fall under Irish courts.
As far as the wider issue of ECJ and EU citizens in the UK. The tale so far is that the EU just does not trust the UK to not renege on any agreement depending on the political situation in this country. That is why they want the ECJ to still have a say. A joint body would be similar to the UK/Chinese agreement over Hong Kong.
... which the Chinese have repeatedly ignored down the years. I see your point, but they are not proposing a joint body.
