Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order.

It examined, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, would and could ensure respect of this agreement. It also looked on the role of domestic courts as well as the continued impact of CJEU - UK courts’ rulings. It finally looked into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

Author: Steve Peers

• Primary Source

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

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