September 11, 2017

The paper explains that in leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union (CJEU). The UK and the EU need therefore to agree on how both the provisions of the Withdrawal Agreement, and the “new deep and special partnership”, can be monitored and implemented to the satisfaction of both sides, and how any disputes that arise can be resolved.

The Government says that it wants to:

• maximise certainty for individuals and businesses;
• ensure that they can effectively enforce their rights in a timely way;
• respect the autonomy of EU law and UK legal systems while taking control of our own laws; and
• continue to respect our international obligations.

The Government says that the UK will “take steps to implement and enforce our agreements with the EU within our domestic legal context.” This will include providing for the appropriate means by which individuals and businesses can rely on and enforce rights contained in any agreements. This will be underpinned by the creation of international law obligations that will flow from our agreements with the EU.

The Government says that there are a number of existing precedents where the EU has reached agreements with third countries that provide for a close cooperative relationship without the CJEU having direct jurisdiction over those countries. There are a variety of ways in which the parties to those agreements have reassured each other on both the implementation of, and enforcement and dispute resolution under, the agreements.

The UK will “engage constructively to negotiate an approach to enforcement and dispute resolution which meets the key objectives of the UK and the EU, underpinning the deep and special partnership we seek”, the Government says. To read the position paper in full, click here.