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Brexit

Answer

The Prime Minister has always been clear that in leaving the EU, we will bring about an end to the jurisdiction of the CJEU in the UK. The proposal set out in the White Paper delivers on that commitment. No longer will courts in the UK be able to refer cases to the CJEU, nor will the CJEU be able to arbitrate disputes between the UK and the EU. The CJEU will no longer have the power to make laws for the UK and the principles of direct effect and of the supremacy of EU law will no longer apply in the UK.

Instead, rights will be enforced in the UK by UK courts and in the EU by EU courts. Where the UK agrees to retain a common rulebook with the EU, it will be important for businesses and citizens here and in the EU that those areas are interpreted and applied consistently. The UK would commit by treaty that its courts would pay due regard to CJEU case law, insofar as this was relevant to the matter before them. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law. Of course, this is in practice what our Courts would do anyway, and are free to do with the judgements of foreign courts. Importantly, UK courts would not be able to make preliminary references to the CJEU as once the UK has left the EU, such references would no longer be appropriate or necessary.

Secondary information

Type

Written question

Reference

164337

Session

2017-19

Related items

Paper, entitled The Future Relationship Between the United Kingdom and the European Union
Thursday, 12 July 2018
Command papers
House of Lords
House of Commons

Grouped for answer

Yes

Subjects

EU law Court of Justice of the European Union Brexit UK relations with EU

Link

View this Written question on www.parliament.uk