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Written question asked by Matthew Offord (Conservative) on Friday, 17 January 2020, in the House of Commons. It was due for an answer on Tuesday, 21 January 2020. It was answered by Geoffrey Cox (Conservative) on Monday, 27 January 2020 on behalf of the Attorney General.


European Court of Justice: Judgements

Question

To ask the Attorney General, whether the provisions in the EU (Withdrawal Agreement) Bill will enable the UK to determine the circumstances in which lower courts will have regard to rulings of the European Court of Justice in relation to retained EU case law.

Answer

Section 26 of the European Union (Withdrawal Agreement) Act 2020 provides a power for Ministers to make regulations to determine which Courts may depart from judgments handed down by the Court of Justice of the European Union before the end of the implementation period and in what circumstances. This will ensure UK courts are not inappropriately bound by retained EU case law after the UK has left the EU.


Secondary information

Type
Written question
Reference
4725
Session
2019-21
Subjects
Courts EU law Judgements European Court of Justice Brexit
Legislation
European Union (Withdrawal Agreement) Bill 2019-21
Link
View this Written question on www.parliament.uk