Question to the Department for Exiting the European Union :

To ask the Secretary of State for Exiting the European Union, with reference to paragraph 35 of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, what the difference is between the current prevailing legal principles relating to the Court of Justice of the European Union and the obligation there envisaged on paying due regard to EU case law.

The Prime Minister has always been clear that in leaving the EU, we will bring about an end to the jurisdiction of the CJEU in the UK. The proposal set out in the White Paper delivers on that commitment. No longer will courts in the UK be able to refer cases to the CJEU, nor will the CJEU be able to arbitrate disputes between the UK and the EU. The CJEU will no longer have the power to make laws for the UK and the principles of direct effect and of the supremacy of EU law will no longer apply in the UK.

Instead, rights will be enforced in the UK by UK courts and in the EU by EU courts. Where the UK agrees to retain a common rulebook with the EU, it will be important for businesses and citizens here and in the EU that those areas are interpreted and applied consistently. The UK would commit by treaty that its courts would pay due regard to CJEU case law, insofar as this was relevant to the matter before them. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law. Of course, this is in practice what our Courts would do anyway, and are free to do with the judgements of foreign courts. Importantly, UK courts would not be able to make preliminary references to the CJEU as once the UK has left the EU, such references would no longer be appropriate or necessary.