United Kingdom says European court won't have direct control post-Brexit

UK to Lay Out Plan for Close Post-Brexit Data Cooperation With EU

UK to Lay Out Plan for Close Post-Brexit Data Cooperation With EU

It presented its position paper on civil judicial cooperation after Brexit on Tuesday 22 August.

Litigation expert Stuart McNeill of Pinsent Masons, the law firm behind Out-Law.com said: "The paper addresses two main areas of interest: the law that applies to contractual and non-contractual matters; and which courts have the jurisdiction to determine a claim and the recognition and enforcement of any judgment that they issue".

The UK wants to continue to collaborate at bilateral, regional and multilateral levels.

Opponents of Brexit said the paper showed the government was softening its stance. It would be absurd to pretend that it must be an European Union court that arbitrates on a post-Brexit agreement, given that the European Union has for the last 23 years been happy to accept the rulings of the EFTA court relating to its own members.

The British government formally opposes this concept.

This morning the prime minister said: 'What is absolutely clear, when we leave the European Union we will be leaving the jurisdiction of the European Court of Justice.

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But the British government noted that in the global arena "the exact form of enforcement and dispute resolution is often tailored to the content of the agreement and varies across different issues such as trade or security".

The government paper will also argue it is not "necessary or appropriate" for the ECJ to have direct jurisdiction over Britain once it becomes a non-member state.

"This was different to the United Kingdom accepting the jurisdiction of ECJ which would be "lopsided and partisan and that's not on the cards", Raab added. "It's a bit like tearing down and rebuilding a house, in order to change one brick".

It seems like a small, rather technical shift, but it is a recognition by the United Kingdom government of post-Brexit reality that makes the chance of an eventual Brexit deal ever so slightly more likely. This point isn't hypothetical. But negotiations are slow, and might not conclude before Brexit Day. "How to address this topic?" To that end, the government is proposing to incorporate into United Kingdom law the Rome regulations on contract law that apply across the bloc.

But he said any early move to talks on trade would have to be agreed by the 27 remaining European Union states, adding: "There is a very clear structure in place, set by the EU27, about how these talks should be sequenced and that is exactly what we think should be happening now". The proposals outlined also left open the possibility of the ECJ having jurisdiction during any transition periods agreed for after Britain leaves the bloc and before a new UK-EU partnership comes into force. This is another kettle of fish. The EFTA court certainly isn't as objectionable as the ECJ, but Eurosceptics differ on whether it would be acceptable - for example, Bill Cash reportedly thinks it would be, while Jacob Rees-Mogg views it as too close to being subordinate to the ECJ in practice. The Northern Ireland position paper was, if anything, even vaguer.

However, she failed to rule out allowing the court to have significant influence on British laws.

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