ECJ’s jurisdiction might end after Brexit but whose laws will apply to EU citizens in UK then? Read here!
Source : NewsBharatiDate : 24-Aug-2017
London, August 24: Sensitive issues are yet to be discussed between the UK and the EU in Brexit talks, but a position paper published by the Theresa May government on Wednesday raised doubts whether London will be able to “take back control” of its laws – one of the red lines of exiting the bloc. “Take back control” was a popular pro-Brexit slogan during the EU referendum.
May insisted the jurisdiction of the European Court of Justice (ECJ) will end after Brexit, but there remained questions over whose laws will apply to EU citizens in the UK and for businesses that operate across national borders.
Critics said the ECJ may continue have jurisdiction over UK for years after Brexit, as indicated by this section in the paper: “The UK will engage constructively to negotiate an approach to enforcement and dispute resolution, which meets the key objectives of both the UK and the EU in underpinning the effective operation of a new, deep and special partnership.”
As Brexit supporters alleged May was abandoning the hardline position she set out in last year’s Conservative Party conference speech and at Lancaster House in January, justice minister Dominic Raab conceded London would have to keep “half an eye” on ECJ rulings in the post-Brexit situation.
As the paper states, EU law has direct effect within the legal orders of member-states, a principle to which the UK gives effect through the European Communities Act 1972. EU membership has meant an intrinsic link between the EU’s legal order and the legal systems in the UK.