Commenting ahead of the Government’s Future Partnership Paper on
principles for enforcement and dispute resolution post-Brexit,
Allie Renison, Head of Europe and Trade Policy at the Institute
of Directors, said:
“While we accept it is the Government’s intention to end the
direct jurisdiction of the CJEU as a consequence of leaving the
EU, it is imperative that this be done in a measured and
pragmatic way. The emphasis here should be on ending its direct
effect, not trying to throw off the influence of the Court
altogether.
“The UK and EU are likely to end up in a situation that marries
established precedents with political flexibility. So while we
welcome an outlining of options – looking at existing mechanisms
in other free trade agreements – we hope that both sides remember
we are facing an unprecedented set of circumstances with two
deeply interwoven legal systems which will require compromise to
reach a deal. And we would expect that any transitional period
would continue to allow for the application of the CJEU or EFTA
court’s jurisdiction.
“While we have had our criticisms of the Court of Justice in the
past, we also recognise that it affords both businesses and
individuals an important right of direct legal redress in the
application of EU law. Therefore, it is essential that our new
partnership deal with the EU allows them similar direct rights in
any disputes arising out of this agreement so that the CJEU is
not simply replaced with dispute resolution between governments.”
