Court of Justice of the European Union

Department for Exiting the European Union written question – answered on 27th November 2018.

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Photo of Priti Patel Priti Patel Conservative, Witham

To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Union and the European Atomic Energy Community, for what reason the provisions in Article 174 granting the Court of Justice of the European Union the jurisdiction to provide an interpretation of Union Law and of the Agreement was included.

Photo of Kwasi Kwarteng Kwasi Kwarteng The Parliamentary Under-Secretary of State for Exiting the European Union

Under the Withdrawal Agreement, if there is a dispute which involves a question on the interpretation of EU law, the panel will not decide on that question, but request the CJEU to give a ruling on it. It will, however, still be for the arbitration panel to rule on the dispute itself.

Under the EU Treaties, the CJEU is the only body which can deliver interpretations of EU law which bind the EU and its Member States. If the arbitration panel was empowered to interpret EU law and bind the EU and its Member States to this interpretation, it would be considered unlawful by the CJEU and prevent the EU from being able to sign up to such a provision.

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