What will happen if the UK disagrees with the EU over a new
European law during the Transition period, asks the European
Scrutiny Committee in today’s report: “European withdrawal:
Transitional provisions and dispute resolution.”
The report examines scrutiny of EU legislation during the
implementation period and other legal concerns arising from the
ongoing Brexit negotiations. The Committee met Mr in Brussels on Monday
12 March before concluding the report.
What are the safeguards?
The Committee is asking for greater clarity on what unilateral
safeguards would be available to the UK during the implementation
period if it had to apply new law which it considered to be
detrimental. The report also examines the potential role of the
ECJ in resolving disputes during the implementation period and
after exit.
Court of Justice in dispute jurisdiction
The Government needs to clarify the distinction between direct
and indirect jurisdiction of the Court of Justice in dispute
jurisdiction for the EU-UK withdrawal and future relations
agreements.
UK domestic courts and the disapplication of primary
legislation
The Committee is concerned about the provision in the EU
(Withdrawal) Bill which would give UK domestic courts the power
after the UK’s exit from the EU to disapply pre-exit primary
legislation.
Parliamentary scrutiny
The report recommends that the Government engages in dialogue
with both Houses on how parliamentary scrutiny of EU legislation
may best be achieved during the implementation period.
Sir , Chair of the
Committee, says “We believe that Article 50 has
fundamentally changed the basis of the EU treaties. The
Government must be more robust and emphatic in refuting the
assertions made by the European Council and the European
Commission relating to any future role of the European Court of
Justice. We do not consider that the UK domestic courts
should be given a power after the UK’s exit from the EU to
disapply pre-exit primary legislation. As to a dispute
resolution mechanism we agree with a free standing court (an
International Treaties court) to act as a central point providing
guidance to non-specialist courts and tribunals throughout the UK
on the interpretation of UK legislation which implements the
Withdrawal Agreement. We remain concerned, as were our
predecessor European Scrutiny Committee, about the way in which
EU legislation in Brussels is made behind closed doors and by
consensus in the Council of Ministers.”
