*/
The government sketched out plans for the UK’s future relationship with the Court of Justice of the European Union (CJEU) in one of its post-Brexit ‘position papers’.
In Enforcement and dispute resolution: a future partnership paper, the government said: ‘In leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union (CJEU).
‘The UK and the EU need therefore to agree on how both the provisions of the Withdrawal Agreement, and our new deep and special partnership, can be monitored and implemented to the satisfaction of both sides, and how any disputes which arise can be resolved.’
The paper said the UK wants to: maximise certainty for individuals and businesses; ensure that they can effectively enforce their rights in a timely way; respect the autonomy of EU law and UK legal systems while taking control of our own laws; and continue to respect our international obligations.
It said that the UK will ‘take steps to implement and enforce our agreements with the EU within our domestic legal context’, including providing ‘the appropriate means’ by which individuals and businesses can rely on and enforce rights contained in any agreements, underpinned by the creation of international law obligations which will flow from our agreements with the EU.
Among the options, it seemed to envisage an arrangement similar to the court used by the countries in the European Free Trade Association.
Responding to the paper, the Bar Chair, Andrew Langdon QC, said: ‘The paper raises more questions than it seeks to answer on what is a matter of crucial significance to the UK.’
Langdon said: ‘A number of suggested alternatemechanisms to the CJEU are listed,though it is not clearwhich, if any, thegovernment favours.’
He stressed: ‘Whatever agreement the UK reaches with the EU, there must be some form of dispute resolution process with the EU post-Brexit in which all parties haveconfidence.
‘There are important regulatory, economic and rights-based reasons for ensuring legal certainty which underline the ongoing relevance of the CJEU case law post March 2019.’
He also warned that the EU Withdrawal Bill was a ‘recipe for confusion’ that will leave UK citizens and businesses with less protection against the power of the state.
The government sketched out plans for the UK’s future relationship with the Court of Justice of the European Union (CJEU) in one of its post-Brexit ‘position papers’.
In Enforcement and dispute resolution: a future partnership paper, the government said: ‘In leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union (CJEU).
‘The UK and the EU need therefore to agree on how both the provisions of the Withdrawal Agreement, and our new deep and special partnership, can be monitored and implemented to the satisfaction of both sides, and how any disputes which arise can be resolved.’
The paper said the UK wants to: maximise certainty for individuals and businesses; ensure that they can effectively enforce their rights in a timely way; respect the autonomy of EU law and UK legal systems while taking control of our own laws; and continue to respect our international obligations.
It said that the UK will ‘take steps to implement and enforce our agreements with the EU within our domestic legal context’, including providing ‘the appropriate means’ by which individuals and businesses can rely on and enforce rights contained in any agreements, underpinned by the creation of international law obligations which will flow from our agreements with the EU.
Among the options, it seemed to envisage an arrangement similar to the court used by the countries in the European Free Trade Association.
Responding to the paper, the Bar Chair, Andrew Langdon QC, said: ‘The paper raises more questions than it seeks to answer on what is a matter of crucial significance to the UK.’
Langdon said: ‘A number of suggested alternatemechanisms to the CJEU are listed,though it is not clearwhich, if any, thegovernment favours.’
He stressed: ‘Whatever agreement the UK reaches with the EU, there must be some form of dispute resolution process with the EU post-Brexit in which all parties haveconfidence.
‘There are important regulatory, economic and rights-based reasons for ensuring legal certainty which underline the ongoing relevance of the CJEU case law post March 2019.’
He also warned that the EU Withdrawal Bill was a ‘recipe for confusion’ that will leave UK citizens and businesses with less protection against the power of the state.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
With at least 31 reports of AI hallucinations in UK legal cases – over 800 worldwide – and judges using AI to assist in judicial decision-making, the risks and benefits are impossible to ignore. Matthew Lee examines how different jurisdictions are responding
Ever wondered what a pupillage is like at the CPS? This Q and A provides an insight into the training, experience and next steps
The appointments of 96 new King’s Counsel (also known as silk) are announced today
Resolution of the criminal justice crisis does not lie in reheating old ideas that have been roundly rejected before, say Ed Vickers KC, Faras Baloch and Katie Bacon
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
