Sovereignty Safeguarded

The UK–EU treaty protects Gibraltar’s sovereignty clearly, explicitly and without ambiguity. It does not change Gibraltar’s constitutional status, nor does it transfer jurisdiction, control, or authority to any other State. The agreement operates on the basis of strict sovereignty neutrality: nothing in the treaty advances or undermines the legal position of any party in respect of sovereignty, and nothing done under it can be relied upon as a precedent for any future claim.

Gibraltar remains entirely under its own laws, courts, and policing at all times. A key feature of the treaty is the carefully constructed second line checks area, sometimes informally referred to as the “Schengen shack”. This is an audacious but legally neutral instrument designed to allow Schengen immigration checks to take place without altering sovereignty or jurisdiction. The facility is structured so that the operational space is equidistant and reciprocal, with Gibraltar authorities retaining full access and authority throughout.

Gibraltarians and Gibraltar residents cannot be refused entry into Gibraltar under any circumstances. Even exceptional mechanisms such as hot pursuit are tightly defined, require immediate notification, and ensure Gibraltar authorities take control as soon as practicable. In practical terms, the treaty delivers mobility and opportunity while preserving sovereignty in law, in jurisdiction, and in visible authority on Gibraltar soil.