Dispute resolution and enforcement after Brexit

Author (Corporate)
Series Title
Series Details (2017-19)HL130
Publication Date 02/05/2018
Content Type ,

The EU Justice Sub-Committee of the House of Lords Select Committee on the European Union published a report Dispute resolution and enforcement after Brexit on the 3 May 2018. The report called on the UK Government to propose an effective system for dispute resolution and enforcement in respect of both the proposed withdrawal agreement and the future UK-EU relationship.

Further information

The report said that without judicial oversight any 'intractable' disagreements with the EU would be 'potentially insoluble', and individuals and businesses would also be unable to protect and enforce their rights.

The UK Government had made clear its wish that when the United Kingdom left the European Union, the 'direct jurisdiction' in the UK of the Court of Justice of the European Union (CJEU) would end. The Committee had looked at:

+ the enforcement of any withdrawal agreement concluded under Article 50
+ oversight of the proposed transition period
+enforcement of any agreement that was reached on the future relationship between the EU and the UK.

The EU insisted that the CJEU should oversee the withdrawal agreement, but the Committee expressed concern and said that oversight should not be left to a Court 'associated with one of the parties'. The UK Government, in contrast, had proposed only a political mechanism, but the Committee was concerned any 'intractable disputes' would be 'potentially insoluble' under the Government's proposals. The Committee called on both sides to bring forward 'pragmatic proposals' to resolve the impasse.

During transition, the Government had accepted that continued jurisdiction for the CJEU was inevitable. The Committee argued that it should be 'only for a reasonable, time-limited period', and that there should be a 'longstop' for any claims arising during transition.

In the longer term, the Committee said that 'there will be no one-size-fits-all mechanism' for enforcement. The future relationship would be closer in some areas than others — and where it is particularly close, for instance if the UK wanted to stay part of EU agencies or remain part of the European Arrest Warrant, then it would have no option but to 'respect the remit' of the CJEU.

There was also work to be done on justice cooperation in civil, family and criminal law and the Committee says that it has 'grave concerns' about these issues.

Source Link https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/130/130.pdf
Related Links
The Conversation, 18.07.18: Brexit: Theresa May’s plan will strengthen rather than weaken European legal control https://theconversation.com/brexit-theresa-mays-plan-will-strengthen-rather-than-weaken-european-legal-control-100189
United Kingdom: House of Lords: Select Committee on the European Union: News, 11.07.18: Government responds to dispute resolution and enforcement after Brexit report https://www.parliament.uk/business/committees/committees-a-z/lords-select/eu-justice-subcommittee/news-parliament-2017/dispute-resolution-report-government-response/
United Kingdom: Parliament: House of Commons: Committees: European Scrutiny Committee: 19th Report (2017-2019)HC763: EU Withdrawal: Transitional provisions and dispute resolution https://publications.parliament.uk/pa/cm201719/cmselect/cmeuleg/763/76302.htm
United Kingdom: Parliament: House of Commons: Committees: European Scrutiny Committee: "nd Special Report (2017-19): EU Withdrawal: Transitional provisions and dispute resolution: Government Response to the Committee’s Nineteenth Report of Session 2017–19 , June 2018 https://publications.parliament.uk/pa/cm201719/cmselect/cmeuleg/1160/116002.htm
EU Law Analysis, 16.08.18: [Blog]: EU/UK Dispute resolution post-Brexit in the light of the White Paper http://eulawanalysis.blogspot.com/2018/08/euuk-dispute-resolution-post-brexit-in.html
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
United Kingdom: Department for Exiting the European Union: Policy Paper, August 2017: Enforcement and dispute resolution - a future partnership paper http://www.europeansources.info/record/enforcement-and-dispute-resolution-a-future-partnership-paper/
ESO: Find further information in ESO on Dispute settlement between the UK and the EU after Brexit http://www.europeansources.info/advSearchLink?keyword=brexit%20after%20dispute%20settlement%20&searchOption=all
EU Law Analysis, 09.03.18: Dispute settlement and the ECJ in the draft withdrawal agreement http://www.europeansources.info/record/dispute-settlement-and-the-ecj-in-the-draft-withdrawal-agreement/
IfG: Blog, 25.10.18: A reasonable compromise on the European Court of Justice https://www.instituteforgovernment.org.uk/blog/reasonable-compromise-european-court-justice-brexit
IfG: Explainers: Dispute resolution https://www.instituteforgovernment.org.uk/explainers/dispute-resolution

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