Question to the Department for Exiting the European Union :

To ask the Secretary of State for Exiting the European Union, with reference to sub-paragraph 25(a) of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, by what means he plans to achieve the goal of consistent interpretation of the common rulebook.

In those areas where the UK agrees to retain a common rulebook, it will be important for businesses and citizens that they are interpreted and applied consistently. To ensure this, the UK has proposed that: its courts will pay due regard to the relevant Court of Justice of the European Union (CJEU) case law when deciding a case relating to these rules; and where there is a dispute between the UK and the EU, the Joint Committee or an independent arbitration panel will be able to ask the CJEU to give an interpretation of a common rule. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law.

The UK has also proposed that the Joint Committee should keep under review the case law of both the senior courts of the UK and the CJEU, where this was relevant to the interpretation of the agreements. If significant divergences were found between respective courts’ interpretation of the agreements, the Joint Committee could be empowered to act to preserve the consistent interpretation of the agreements.