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Judges in the UK have called for clarity on the status of rulings from the Court of Justice of the European Union (The "CJEU") after Brexit

  • Ireland
  • General

14-08-2017

Judges in the UK have been told they will no longer be forced to apply CJEU precedents after Brexit and should only do so where appropriate. However, Lord Neuberger, the president of the supreme court, has called on the government to explicitly state its position. He told the BBC that instructions judges would be expected to follow after Brexit should be spelled out in statute.

The issue of the CJEU has become one of the most difficult and intractable in the Brexit negotiations so far. Theresa May has insisted that the CJEU’s jurisdiction should end and the UK has suggested the British courts would be sufficient to adjudicate on issues such as the rights of European citizens in the UK after Brexit. However, the EU has suggested that the CJEU should guarantee citizens’ rights, the withdrawal negotiations and future trade disputes between the UK and the EU.

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