Thursday, 24 August 2017

Britain could be bound by the rulings of EU judges for years after Brexit , the government admitted today.
Ministers have left the door open for the European Court of Justice (ECJ) to continue to have jurisdiction over Britain for an 'interim period' of up to three years after March 2019.
The UK may still be forced to abide by ECJ rulings even after we quit the Brussels club for good under one model being considered by British officials.
Under the 'Modolva model' arbitration panels considering disputes between Britain and the bloc which involve EU law would have to refer the case to the ECJ and be bound by its ruling.
The revelations, contained in a Government Brexit position paper published today, could spark accusations Theresa May has watered down on her promise to end the court's jurisdiction in Britain.
They come just an hour after the Prime Minister insisted the UK will 'take back control of our laws' after we leave the EU.
Tory MP Jacob Rees-Mogg, a prominent Brexiteer, told the Mail Online: 'Once we leave there must not be any direct effect of the ECJ judgements otherwise we have not left.' It does not rule out the ECJ continuing to reign supreme for an interim period.
It states: 'The UK will work with the EU on the design of the interim period, including the arrangements for judicial supervision, enforcement and dispute resolution.'
It does rule out the ECJ continuing to have 'direct jurisdiction' over the UK after this period.
And in future, legal disputes will be settled by committees or arbitration panels and it singles out the 'Moldova model' as one that could be emulated.
Under this, the arbitration panel would have to refer the matter to the ECJ if it involves the interpretation of EU law and 'be bound by its interpretation'. 
Remain supporters have claimed Mrs May has climbed down from a hard-line position on the ECJ in search of a more pragmatic solution. 
But the Premier, speaking today in Guildford, insisted the system would mean British law was supreme. 
She said: '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.'
Mrs May said business wanted to know how disputes would be resolved under the future trading relationship between Britain and the EU. She said there were a 'number of ways' the arrangements could be set up and the final version would be subject to negotiation with the EU.  
But she said: 'We are very clear we won't have the European Court of Justice but we will put in place arrangements to ensure businesses have the confidence of knowing they can continue to trade across the EU.'  
Justice Minister Dominic Raab earlier admitted British courts would want to keep 'half an eye' on rulings in Europe to ensure laws were kept aligned.
But he insisted the principle of removing direct interference from the EU court would be maintained by the Government in the Brexit negotiations.  

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