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Supreme Court will be ultimate arbiter of law after Brexit

23rd Aug 17 2:54 pm

Prime Minister says

The Supreme Court will be the ultimate arbiter of laws in Britain after Brexit says Theresa May, as another future partnership is published today.

The enforcement and dispute resolution paper states that when the UK leaves the EU in March 2019 ‘direct jurisdiction’ of the Court of Justice of the European Union (ECJ) will end.

Speaking ahead of the publication of the paper the Prime Minister said: “When we leave the European Union we will be leaving the jurisdiction of the European Court of Justice.”

“What we will be able to do is to make our own laws.

“Parliament will make our laws, it is British judges who will interpret those laws and it will be the British Supreme Court that will be the ultimate arbiter of those laws.

“We will take back control of our laws.”

However the paper written by the government’s Department for Exiting the European Union has left some Brexiteers worried that the UK will still be bound under ECJ jurisdiction for years after Brexit.

The paper does not rule out that the EU court would maintain its authority over the UK during the transitional period after the UK’s exit in March 2019 and said: “The UK will work with the EU on the design of the interim period, including the arrangements for judicial supervision, enforcement and dispute resolution.”

The government also said in the paper that the UK wants to agree an orderly withdrawal and establish a new, deep and special partnership with the EU. It says that this will require a new dispute resolution mechanism between the EU and UK and outlines methods such as joint committees and arbitration models to ensure that disagreements on application are unlikely to go unresolved and undermine the effective functioning of the future partnership.

Labours shadow Brexit secretary Keir Starmer said: “The prime minister’s ideological insistence that there can be no future role whatsoever for the ECJ or any similar court-like body risks preventing the deal Britain needs.”

The ECJ is charged with ensuring that all member states abide by EU law, settles disputes between countries and EU institutions and its rulings are binding on all member states.

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