Role of Euro court post-Brexit must be clear, says Faculty

22 Jan



THE post-Brexit role of the Court of Justice of the European Union must be spelled out clearly and the status of its judgments left in no doubt, the Faculty has submitted.

The Government has said that leaving the EU will “bring about an end to the direct jurisdiction of the Court (CJEU).”

The House of Lords EU Justice Sub-Committee is examining the question of enforcement and dispute resolution post-Brexit and has asked: Is there a role for the CJEU?

In evidence to the sub-committee, the Faculty said: “It is not possible to prescribe or describe an appropriate role for the CJEU at this stage in the Brexit negotiations…Until the substantive content of the Withdrawal Agreement and of any future relationship has been finally agreed, it is not possible (nor sensible) to prescribe the means by which disputes (whether between the UK and the EU, or in relation to the vindication of individual rights) should best be resolved.”

The Faculty added: “Whatever the role to be played by the CJEU, it is important for the rule of law that its role is transparent and that the status of any of that court’s decisions, past and future, should be clear to all parties, institutions and courts involved.

“This must include clarity about the CJEU’s role and the juridical status of its judgments not only under the eventual agreements after the UK’s withdrawal, but also during any ‘transitional period’.

“It may also require imaginative thought about the participation of an ad hoc UK judge in certain proceedings before the CJEU.”