Ahead of the second round of negotiations next week, the
documents lay out the UK’s approach to issues related to our
withdrawal from the EU on:
Each of the papers will be presented to the Commission for
discussion next week.
Secretary of State for Exiting the European Union said:
These position papers mark the fair and transparent way that
the UK is approaching Brexit negotiations ahead of the second
round of talks next week — and demonstrate how deciding the
shape of our future partnership with the EU is inextricably
linked with our withdrawal talks.
While we’re leaving the EU we are not leaving Europe, and we
want to continue cooperating with our friends and neighbours on
issues of mutual importance including nuclear safeguards.
By ending the jurisdiction of the Court of Justice of the
European Union UK courts will be supreme once more. Our
sensible approach to pending cases means there would be a
smooth and orderly transition to when the court no longer has
jurisdiction in the UK.
The papers lay out the following UK positions:
Ongoing Union Judicial and Administrative Proceedings
We want to ensure a smooth and orderly end to the jurisdiction of
the CJEU in the UK.
There will likely be a small number of cases which are pending at
the CJEU on the date we leave.
These might be cases that involve the UK as a party, or
originated as preliminary references from the UK’s domestic
courts — meaning they refer questions of interpretation,
application or validity of EU law to the CJEU.
The UK’s position paper says that the CJEU should not be allowed
to rule on UK cases which were not before the court on the day
the UK leaves the EU.
This would apply even where the facts of the case occurred before
withdrawal.
The UK’s approach reflects that we are leaving the EU and the
jurisdiction of the CJEU will end — and that we will give as much
certainty as possible to those who find their cases before the
court at the point of withdrawal.
Nuclear Materials and Safeguards Issues
When the UK triggered Article 50, starting the process of leaving
the European Union, Article 106(a) of the Euratom Treaty was also
invoked as the Treaties are uniquely legally joined.
While the UK is leaving Euratom we want to continue working
closely with the Euratom Community to help ensure a smooth and
orderly exit and to pave the way for a future relationship that
benefits the UK and the remaining 27 Member States.
And respecting our current obligations, the UK will look to agree
Nuclear Cooperation Agreements with key non-EU states including
the USA, Canada, Australia and Japan.
Privileges and Immunities
At the moment the EU, including its bodies, assets and employees,
enjoys the same range of privileges and immunities across all its
member states.
The UK sees the need, in the context of an overall settlement on
withdrawal, for certain privileges and immunities to apply for a
limited period after exit, in order to permit the EU a reasonable
time in which to wind up its current operations here.
And in the future, the UK will seek a legally acceptable
framework of privileges and immunities that allows for the smooth
conduct of relations between the UK and the EU — as part of an
ongoing deep and special partnership.
The papers can be viewed by accessing the links at the top of
this email or on the Article 50 and negotiations with the EU
microsite here.
