25/08/2017
The UK view on the options for implementing and monitoring the UK’s withdrawal from the EU and the agreements that will underpin the EU-UK partnership following withdrawal are discussed in a position paper produced in advance of the 3rd round of Brexit negotiations.
Currently, the UK gives direct effect to EU law through the European Communities Act (ECA) 1972. When the UK leaves the EU, it will repeal the ECA and the ‘direct effect’ of EU legal orders will cease to apply in the UK.
The repeal of the ECA will also end the direct jurisdiction in the UK of the Court of Justice of the European Union (CJEU) – which is responsible for ensuring the correct interpretation and application of EU law across all member states.
‘Enforcement and Dispute Resolution: A Future Partnership Paper’ sets out what the UK government sees as the options for enforcement and dispute resolution mechanisms for UK-EU agreements, both during withdrawal and in the future.
As the paper points out, there are precedents where the EU has reached agreements providing for a close co-operative relationship with third countries over which the CJEU has no direct jurisdiction.
The UK views enforcement and dispute resolution as two distinct issues and it is not necessary, or indeed common, for one body to carry out both functions. It will seek to negotiate an approach which meets the key objectives of the UK and the EU.
In summary, the UK wants to
- maximise certainty for individuals and businesses and ensure they can effectively enforce their rights in a timely way
- respect the autonomy of EU law and UK legal systems, while taking control of its own laws
- continue to respect its international obligations