Western Mail

European Court could over UK’s law during

- Andrew Woodcock and Sam Lister newsdesk@walesonlin­e.co.uk

THE European Court of Justice could continue to exercise jurisdicti­on over UK law during the transition to Brexit, under the terms of a new position paper published by the government.

And any new dispute resolution mechanism created to adjudicate on post-Brexit rows between the UK and EU could be required to take account of, or even be bound by, the rulings of the Luxembourg-based court.

The paper released by David Davis’ Department for Exiting the EU (DExEU) ruled out any direct ECJ jurisdicti­on over UK law following Brexit, which ministers branded unnecessar­y, inappropri­ate and unpreceden­ted.

It said that legal disputes involving individual­s and businesses should in future be decided within the UK judicial system, with the Supreme Court as the final arbiter.

And it said a new dispute resolution mechanism – which could involve a joint committee or arbitratio­n panel – will have to be created to deal with disagreeme­nts over the interpreta­tion and applicatio­n of the Brexit deal. The mechanism could be triggered if either side believes the other is failing to implement the terms of the agreement or has introduced legislatio­n which breaches it.

But the DExEU document did not rule out the ECJ maintainin­g its authority during the transition­al period, which is expected to last a number of years after the March 2019 deadline for Brexit, saying only that Britain will “work with the EU” on the design of interim judicial arrangemen­ts.

And it set out a range of existing arrangemen­ts involving the ECJ which could act as possible models for the new mechanism.

These include the EU’s agreement with European Free Trade Associatio­n (Efta) states like Norway and Iceland, which demands that “due account” be paid to the court’s rulings, and a treaty with Moldova which requires an arbitratio­n panel to be bound by its interpreta­tion of EU law.

The DExEU document makes clear that Britain is not committed to following any of these existing models. But it does not explicitly rule out any

 ??  ?? > ‘When we leave the European Union we will be leaving the jurisdicti­on of the European Court of Justice’ – Theresa
> ‘When we leave the European Union we will be leaving the jurisdicti­on of the European Court of Justice’ – Theresa

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