HomeInsightsDepartment for Exiting European Union publishes position papers on ongoing Union Judicial and Administrative Proceedings and Privileges and Immunities

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Ahead of the second round of negotiations next week, the documents lay out the UK’s approach to issues related to its withdrawal from the EU. Each of the papers will be presented to the Commission for discussion this week.

As far as the paper on Ongoing Union Judicial and Administrative Proceedings is concerned, it makes clear that the UK wants an end to the jurisdiction of the Court of Justice of the European Union in the UK.

The paper recognizes that there will likely be a small number of cases which are pending at the CJEU on the date the UK leaves. These might be cases that involve the UK as a party, or originated as preliminary references from the UK’s domestic courts. The position paper says that the CJEU should not be allowed to rule on UK cases that were not before the court on the day the UK leaves the EU. This would apply even where the facts of the case occurred before withdrawal.

The aim of the paper is to make clear that the UK is leaving the EU, that the jurisdiction of the CJEU will end and that the UK Government “will give as much certainty as possible to those who find their cases before the court at the point of withdrawal.

As for the paper on Privileges and Immunities, it notes that, at the moment, the EU, including its bodies, assets and employees, enjoys the same range of privileges and immunities across all its Member States.

The paper states that the UK sees the need, in the context of an overall settlement on withdrawal, for certain privileges and immunities to apply for a limited period after exit, in order to permit the EU a reasonable time in which to wind up its current operations in the UK.

In the future, the paper states, the UK will seek a legally acceptable framework of privileges and immunities that allows for the smooth conduct of relations between the UK and the EU, “as part of an ongoing deep and special partnership.” To access the position papers, click here.