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EU law post-Brexit: Lords EU Justice Committee to question QC and former judge

The House of Lords EU Justice Sub-Committee will meet with a QC and a former judge on Tuesday 20 March to discuss the wide-range of options for enforcement and dispute resolution after Brexit.

The inquiry was launched to investigate the ways in which the Government can deal with questions relating to EU law in the domestic courts post-Brexit and during any transitional period, and to consider the most appropriate means of dispute resolution in respect of the proposed Withdrawal Agreement and subsequent partnership arrangements with the EU.

Speaking to the Committee at 10.30am will be: 

  • Mr Martin Howe QC, 8 New Square Chambers
  • Sir Richard Aikens, former Court of Appeal judge, Brick Court Chambers

Questions are likely to include:

  • The UK Government has identified the continued jurisdiction of the Court of Justice of the European Union (CJEU) as a ‘red line' issue post-Brexit. What would be the most workable alternatives to the CJEU after we leave the EU?
  • One of the issues around the jurisdiction of the CJEU is the question of sovereignty (the “taking back control” narrative). How important is excluding the jurisdiction of the CJEU to achieving the aim of restoring Parliamentary sovereignty?
  • The UK currently benefits from legal mechanisms, such as the European Arrest Warrant (EAW), which are dependent on EU law. Can you envisage any circumstances in which we could continue to make use of such mechanisms whilst refusing to recognise the jurisdiction of the CJEU?
  • How likely is it that the Withdrawal Agreement will be referred to the CJEU?

The session will take place from 10.45am on Tuesday 20 March in Committee Room 3 of the House of Lords. 

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