UK ministers announce no ‘direct jurisdiction’ for ECJ after Brexit23/08/17Government
The UK will no longer be under the direct jurisdiction of the European Court of Justice (ECJ) following Brexit, a government policy paper will say.
Ministers say that they want a “special partnership” with the EU, but that it is “neither necessary nor appropriate for the ECJ to police it”.
Justice Minister Dominic Raab told the BBC: “We’re leaving the EU and that will mean leaving the jurisdiction of the European Court of Justice.
“The likely outcome is we’ll need some form of arbitration.”
Arbitration is the settlement of disputes by a neutral third party. Effectively, the UK and the EU would appoint arbitrators for themselves, and agree on a third.
Raab added that the system was different to the UK accepting the jurisdiction of ECJ, which would be “lopsided and partisan and that’s not on the cards”.
Labour MP, Chuka Umunna, speaking on behalf of Open Britain, said: “Nothing the government says it wants to deliver from Brexit – be it on trade, citizens’ rights, or judicial co-operation – can be achieved without a dispute resolution system involving some role for European judges.”
UK Prime Minister Theresa May has promised to take the UK out of the Luxembourg-based ECJ jurisdiction after Brexit.
At the Conservative Party conference in October 2016, she said: “We are not leaving [the EU] only to return to the jurisdiction of the European Court of Justice. That is not going to happen.
In her speech at Lancaster House in January, May added: “We will take back control of our laws and bring an end to the jurisdiction of the European Court of Justice in Britain.”