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 Atomic Energy Community, for what reason it was agreed that the Court of Justice of the European Union can continue to exercise jurisdiction over the United Kingdom from (a) after the UK withdrawal from the EU on 29 March 2019, (b) at the end of the transition period and (c) after the transition period.

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

The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.

The Withdrawal Agreement ensures that the UK’s membership in the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK. After the implementation period, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.

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