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UK (England and Wales)
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Home > Country profiles > UK (England and Wales) > Articles > Article detail






UK Government publishes paper on “Enforcement and dispute resolution”.

Monday, 29th August 2017

"The UK Government has today, 23 August 2017, published a paper considering how the withdrawal agreement and any future agreements between the UK and the EU (together, the “Agreements“) can be enforced, and how any disputes which arise in relation to the Agreements can be resolved (the “Paper“).

The Paper, which can be found here, is part of the Future Partnership Papers series, which set out the key issues that form part of the Government’s vision for the “future deep and special partnership” between the UK and the EU after Brexit.

The content of the Paper indicates a change in direction from the Government in relation to the ongoing position of the Court of Justice of the European Union (the “CJEU“) in the UK after Brexit. The Government’s previous position has been very firm that leaving the EU will end the jurisdiction of the CJEU in the UK. However, today’s Paper notes that leaving the EU will bring about an end to the “direct” jurisdiction of the CJEU. This raises questions as to the impact of the “indirect jurisdiction” (however defined) of the CJEU going forward.

Further, some of the possible mechanisms identified in the Paper for resolving disputes between the UK and the EU that arise in relation to the interpretation or application of the Agreements necessarily continue the influence of the CJEU in the UK."

Read in full: 


Web-link: http://www.lexology.com/library/detail.aspx?g=d019c085-5674-460a-815a-51ade25cc9...
Source: Baker & McKenzie
Language: English
Contact: Steve Abraham and Jemma Purslow


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