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Brexit and the Courts of Justice of the European Union (the “CJEU”)

  • Ireland
  • General

13-09-2017

The British government published a policy paper on 23 August 2017 entitled ‘Enforcement and dispute resolution – a future partnership paper’. This paper sets out the British position in relation to the CJEU. It states that ‘the direct jurisdiction’ of the CJEU in the UK will end with the withdrawal of the UK from the EU. The position paper states that the UK wants to maximise certainty for individuals and businesses; ensure that they can effectively enforce their rights in a timely way; respect the autonomy of EU law and UK legal systems while taking control of British laws; and continue to respect British international obligations.  The UK plans to do this by enforcing its agreements with the EU through the domestic legal system and following precedents where the EU has reached agreements with third countries which provide for a close cooperative relationship without the CJEU having direct jurisdiction over those countries. It has been reported that critics believe the use of the wording ‘direct jurisdiction’ allows flexibility for some sort of involvement by the CJEU.

For more information contact

Sean Ryan, Partner

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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