The government has set out plans to end the direct jurisdiction of the Court of Justice of the European Union (CJEU) after the UK leaves the EU, with the UK taking control of its own laws
The UK government want to respect the autonomy of both EU and UK legal systems while taking control of its own laws; ensure it can enforce their rights in a timely way; maximise certainty for individuals and businesses; and continue to respect international obligations.
Due to the CJEU’s jurisdiction coming to an end the UK and EU will need to agree on how any disputes which arise can be resolved, with the government planning to create international law obligations after its agreements with the EU conclude.
The Repeal Bill will give pre-exit CJEU case law the same binding, or precedent, status in UK courts as decisions of the Supreme Court to ensure a smooth and orderly exit.
There are already a number of existing instances where the EU has reached agreements with third countries where they have a close relationship with the EU without the CJEU having direct jurisdiction. These countries have managed to reassure the EU on both the implementation of, and enforcement and dispute resolution under, the agreements showing that the CJEU does not need to be the final arbiter.
The UK will now have to negotiate an approach to enforcement and dispute resolution which both the UK and the EU agree on.
Enforcement and dispute resolution: A Future Partnership Paper is available here.
