Customs

(asked on 10th July 2018) - View Source

Question to the Department for Exiting the European Union :

To ask Her Majesty's Government what role the European Court of Justice would have in UK law under the facilitated custom agreement.


Answered by
Lord Callanan Portrait
Lord Callanan
Shadow Minister (Foreign, Commonwealth and Development Office)
This question was answered on 24th July 2018

The Prime Minister was clear in the speech she gave at Lancaster House in January 2017 that in leaving the EU we will end the jurisdiction of the CJEU in the UK. Our proposal delivers on that commitment.

Rights that flow from our future relationship will be enforced in the UK by UK courts and in the EU by EU courts - with no more preliminary references from UK courts to the CJEU.

In those areas where we have a common rulebook, it will be important for businesses and citizens here and in the EU that they are interpreted and applied consistently, so our courts will pay due regard to the relevant CJEU case law when deciding a case.

If there is a dispute that relates to the common rulebook, the Joint Committee or an independent arbitration panel will be able to ask the CJEU to give an interpretation of a common rule. However, it will fall to the Joint Committee or the arbitration panel to decide the dispute itself, consistent with the essential principle that the court of one party cannot resolve disputes between the two.

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