Brexit: enforcement and dispute resolution inquiry launched
06 December 2017
The EU Justice Sub-Committee launches a new inquiry on the question of enforcement and dispute resolution post-Brexit.
The House of Lords EU Committee and its six Sub-Committees are conducting a coordinated series of short inquiries looking at the key issues that will arise in the negotiations on Brexit.
Scope of the inquiry
Issues under consideration include:
- Whether there could be a role for the CJEU in the UK post-Brexit;
- The most appropriate method of enforcement and dispute resolution in respect of the Withdrawal Agreement and subsequent partnership arrangements with the EU;
- How the Government can deal with questions relating to EU law in the domestic courts post-Brexit and during any period of transition (including the potential for divergence between UK law and EU law);
- Whether anything can be learned from the EFTA Court model, or other alternative models for dispute resolution;
- The impact Brexit will have on the UK's ability to influence the development of the law in other jurisdictions including the EU and the United States;
- If UK citizens should have a direct right of access to any new enforcement or dispute resolution procedures (or whether there should be a reference procedure, as currently exists with the CJEU);
- The potential impact of excluding the jurisdiction of the CJEU, both on UK domestic law and on securing a workable Withdrawal Agreement and any transitional arrangements under Article 50.
The Committee asks for written submissions to be received by Friday 19 January 2018.
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