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Take back control? Row over European Union law in United Kingdom after Brexit

Take back control? Row over European Union law in United Kingdom after Brexit”

"So we will take back control of our laws and bring an end to the jurisdiction of the European Court of Justice in Britain".

The paper 'recognises that where, as they must, agreements between the European Union and the United Kingdom mirror language used in existing European Union law, that language will need to be interpreted and applied by any independent dispute resolution body in accordance with ECJ decisions.

The UK finally sets out its position on the European Court of Justice.

David Davis will tomorrow move to reassure fellow Brexiteers that Britain has no intention of submitting to the rule of the European courts, as the Government releases plans for an alternative system to police the country's future relationship with the EU.

According to Sir Paul Jenkins, who was head of the United Kingdom government's legal services for eight years, that means post-Brexit trade rules in affected areas would need to be "identical to the EU's own internal rules".

Britain is in a "position of strength" to forge new judicial arrangements for dealing with disputes with the remaining 27-nation bloc, the paper will state.

In rejecting the permanent jurisdiction of the ECJ, the Government argues that no country in the world follows the rulings of a court in which it does not have representation. But the perception among government critics in Britain was of a softening of its position.

The government paper ruled out the idea of the ECJ having "direct jurisdiction" over the U.K. In the area of enforcing the rights of European Union citizens after Brexit, where Brussels has said the ECJ should have "full jurisdiction", the paper said British courts were up to the job.

Britain could still be subject to some rulings by the European Court of Justice (ECJ) after Brexit, in what some have described as a climbdown by Prime Minister Theresa May. The EU indeed wishes to have the power to continue to refer litigation to the ECJ, especially regarding respect for the rights of EU citizens located in the UK.

A strong body of legal opinion says that if we want close ties with Europe we'll need to accept some ongoing ECJ involvement, even if it's indirect.

The British government, however, says the EU's proposal would not be "fair and neutral".

"This paper takes the next steps as we prepare to engage constructively to negotiate our approach to this".

During her landmark speech at Lancaster House in January where she laid out her vision for a "hard" Brexit, the prime minister said Brexit would mean British laws being made in Westminster, Edinburgh, Cardiff, and Belfast and "interpreted by judges not in Luxembourg but in courts across the country".

As the paper states, EU law has direct effect within the legal orders of member-states, a principle to which the United Kingdom gives effect through the European Communities Act 1972. However, statements this week by her justice minister, Dominic Raab, suggest that ECJ rulings may still influence United Kingdom law after Brexit.

The study, commissioned by leading British airports including London's Heathrow and Gatwick, said flights could be grounded and Britain's economy would be hit without a guarantee of future access to the EU's single aviation market.



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