The UK Government will tomorrow set out its guiding
principles as it builds towards ending the direct jurisdiction of
the Court of Justice of the European Union (CJEU) in the United
Kingdom.
A future partnership paper, which specifically explores
enforcement of rights and obligations and which looks at both
judicial and political dispute resolution, will;
-
Reinforce the message that after Brexit, the UK will
take back control of its laws;
-
Make it clear that it is not necessary or appropriate
for the CJEU to have direct jurisdiction over a non-member
state and say that such an arrangement would be
unprecedented;
-
Provide examples of existing ways of resolving disputes
in international agreements, without the CJEU having direct
jurisdiction; and
-
Outline some guiding principles behind the UK's
approach, including maximising certainty for individuals and
businesses and continuing to respect our international legal
obligations.
The paper will be clear that as part of the deep and
special partnership the UK seeks with the EU, it is in the
interests of both sides that the rights and obligations agreed
between the two can be relied upon and enforced easily, for
example, by EU citizens in the UK courts, or UK nationals in the
courts of EU member states.
The paper will explore a variety of precedents for
resolving disputes that may arise between the UK and the EU which
help to demonstrate that it is normal for the EU to reach
agreements with third countries without the CJEU having direct
jurisdiction over them.
The paper will make the point that the exact form of
enforcement and dispute resolution is often tailored to the
content of the agreement and varies across different issues such
as trade or security.
It will also say that there is no precedent driven by EU,
UK or international law, which demands that enforcement or
dispute resolution of the UK-EU agreements fall under the direct
jurisdiction of the CJEU.
We start from a position of strength: the UK has a long
record of and remains fully committed to complying with
international law, and our intention to comply with the
agreements reached between us and the EU are not in doubt.
A UK Government spokesperson said:
“We have long been clear that in leaving the EU we will
bring an end to the direct jurisdiction of the Court of Justice
of the European Union in the UK.
“It is in the interests of both the UK and the EU, and of
our citizens and businesses, that the rights and obligations
agreed between us can be relied upon and enforced in appropriate
ways. It is also in everyone’s interest that, where disputes
arise between the UK and the EU on the application or
interpretation of these obligations, those disputes can be
resolved efficiently and effectively.
“This paper, which will be available tomorrow, takes the
next steps as we prepare to engage constructively to negotiate
our approach to this.”
