Tag Archives: Position papers

Britain, European Court, European Parliament, European Union, Government, Politics, Society

EU law may have precedence over UK courts for years after Brexit

BREXIT

The position paper was released by David Davis’s Department for Exiting the EU.

The UK Government has denied watering down its Brexit plans as officials have admitted EU judges could have jurisdiction over Britain for years after it leaves the bloc.

The Prime Minister, Theresa May, insisted the UK would ‘take back control’ of its laws, saying: ‘When we leave the EU we will be leaving the jurisdiction of the European Court of Justice.’

But a position paper published by the Government suggested the ECJ could continue to have control over Scots and English law for up to three years after Britain leaves at the end of March 2019.

That could mean EU judges will continue to pass down rulings on key issues until an independent new body is established to adjudicate on post-Brexit rows over trade or immigration.

Jacob Rees-Mogg, the Tory MP for North East Somerset, said: ‘If the ECJ has jurisdiction, you are part of a European superstate. Once you leave, it cannot have jurisdiction – that is the simple test.’

Officials have not been able to rule out the possibility that European judges could still have some influence even after the end of the three-year transition period. They highlighted the fact that trade deals that the EU has reached with other countries including Moldova force them to take account of European law.

Justice minister Dominic Raab admitted the Government would continue to keep ‘half an eye’ on EU laws after Brexit.

The prime minister said that after leaving the EU, ‘Parliament will make our laws – it is British judges who will interpret those laws and it will be the British Supreme Court that will be the arbiter of those laws’.

Mr Rees-Mogg welcomed the fact that the position paper made it clear the UK will eventually leave the influence of the ECJ.

But he added: ‘I would oppose the continuation of ECJ jurisdiction from the moment we leave the EU. If it continues beyond that, it is a problem. Once the European Communities Act is repealed, there will be no legal basis for ECJ jurisdiction.’

The position paper released by David Davis’s Department for Exiting the EU ruled out any ‘direct’ ECJ jurisdiction over Scots and English law after Brexit. It said legal disputes involving individuals and businesses should in future be decided in the UK judicial system, with the Supreme Court as the final arbiter.

It added 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.

But it did not rule out the ECJ maintaining its authority during the transitional period, 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.

It set out a range of existing arrangements involving the ECJ that could act as possible models for the new mechanism. These include the EU’s agreement with European Free Trade Association states such as Norway and Iceland and a treaty with Moldova.

Norway has its own EFTA Court to rule on disputes with the EU but it has to ‘pay due account’ to all relevant ECJ decisions.

The EU-Moldova agreement requires that, where a trade dispute concerns an interpretation of EU law, an arbitration panel must refer the question to the ECJ and be ‘bound by its interpretation’.

The Government document makes it clear that Britain is not committed to following any of the existing models, but it does not explicitly rule out any scenario other than direct ECJ jurisdiction.

The main job of a resolution body would be to adjudicate on disputes between the EU and the UK on how a trade deal will operate. It could also have to pass judgment on immigration matters.

Remain-backing groups accused the Government of a climbdown for saying there would be no ‘direct’ jurisdiction of the ECJ compared with its previous position of no jurisdiction whatsoever.

UK officials said that Britain would seek ‘legal autonomy’ but that the remaining power of the ECJ to rule on UK matters depended on the ‘scope’ of the transition period, which could last until 2022.

. More on Brexit UK Government threatens to get tough if Brussels bars trade deal

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Britain, European Union, Government, Politics

The UK’s Brexit negotiating position is to be hardened up

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BELGIUM-EU-BRITAIN

It is hoped ‘position papers’ will unify a fractious Cabinet towards a more agreeable position. This comes amid criticism that the UK is woefully underprepared for talks with the EU.

The UK Government is to start publishing a series of ‘Brexit position papers’ ahead of the next round of talks at the end of August in a bid to show the British prime minister is “getting on with the job” and that the Cabinet is unified around a collective position.

At the time of writing it is understood that a number of position papers have been sent to Cabinet ministers for sign off as No 10 prepares to publish the documents outlining its stance on some of the most pressing Brexit matters.

Some of those papers could be published in the next two weeks.

“These papers are meant to facilitate collective decision-making based on facts and evidence,” a senior source has said.

Position papers have been prepared on a range of issues from digital economy and data protection, to Northern Ireland, customs agreement and goods and services arrangements once Britain quits the European Union.

No 10 hopes the position papers will unify a fractious Cabinet on an agreed position; counter the perception that the British Government is unprepared for Brexit; and ease the burden of workload on the civil service.

“I know there is a desire to narrow the set of options and that is coming from departments rather than DExEU. It is a lot of work to keep open five or six scenarios, so there is a desire to make some decisions now, regardless of negotiations,” the source said.

Ministers and officials have been working flat out to draw up the position papers, aware that the Brexit deadline is fast approaching.

“Position papers may determine whether or not we can move to the second stage of negotiations, work in recess is vital,” the source added.

The Government is planning a ministerial write round – where relevant ministers beyond the Cabinet are given sight of the position papers – for the week beginning 21 August, suggesting papers could be published from that week onwards.

Britain and the EU cannot move onto talks about Britain’s future relationship with the EU, the second stage of negotiations, until the European Commission is satisfied “sufficient progress” has been made on the top three priorities: citizens’ rights, Britain’s Brexit bill and the Irish border.

The border issue is proving difficult. The Irish government has rejected a proposal from the British to use technology – cameras, pre-registered cargo – to avoid a hard border, and is instead pushing for the UK to join a new bilateral customs union with the EU.

Mrs May’s renewed focus on Britain’s Brexit position comes after a chaotic few weeks, with her cabinet split over a possible transition period after the UK quits the European Union and what a post-Brexit immigration policy might look like.

Chancellor Philip Hammond said in recent weeks there is now “broad acceptance” among the cabinet that a transitional period will be needed after Britain quits the EU and has said “many things will look similar” for up to three years after leaving.

That position is expected to be formalised in the position paper, with the government seeking a transitional customs arrangement to avoid a hard cliff edge for business.

 

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