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UK's post-Brexit trade deal with EU could be referred to European Court of Justice, president reveals | UK's post-Brexit trade deal with EU could be referred to European Court of Justice, president reveals |
(about 4 hours later) | |
The UK’s post-Brexit trade deal with the EU could be referred to the European Court of Justice (ECJ), its president has revealed. | |
Koen Lenaerts said that while it was impossible to predict which aspects of any future UK-EU deal might be referred to the ECJ, it was highly likely it would “end up on the docket of the Court.” | |
His comments, however speculative, expose the very real possibility that Britain’s exit from the EU could be shaped under the jurisdiction it is determined to escape. | His comments, however speculative, expose the very real possibility that Britain’s exit from the EU could be shaped under the jurisdiction it is determined to escape. |
“It probably will, one day or another, end up on the docket of the Court – not because of the Court, but because of parties bringing the case,” he said. | |
However, the 62-year-old chief justice said judges would never offer advice or take political sides during any case and that while they cannot decline a case, they can only rule on legal arguments, not politics. | However, the 62-year-old chief justice said judges would never offer advice or take political sides during any case and that while they cannot decline a case, they can only rule on legal arguments, not politics. |
He also emphasised the ECJ’s independence from Brussels, based in “splendid isolation” in Luxembourg. | He also emphasised the ECJ’s independence from Brussels, based in “splendid isolation” in Luxembourg. |
The prospect of court battles going on well after Brexit underlines the uncertainty surrounding the process. | The prospect of court battles going on well after Brexit underlines the uncertainty surrounding the process. |
However, he rejected suggestions by some legal analysts that the ECJ played an activist role in strengthening federal powers for Brussels or delivered rulings to quell rising euroscepticism. | However, he rejected suggestions by some legal analysts that the ECJ played an activist role in strengthening federal powers for Brussels or delivered rulings to quell rising euroscepticism. |
“We are not pro-Union, we are not against Union,” he said. “We are pro law. The law is made by the political process.” | |
The UK Government will publish its White Paper spelling out its plan for Brexit after MPs have voted on triggering Article 50. | The UK Government will publish its White Paper spelling out its plan for Brexit after MPs have voted on triggering Article 50. |
The Prime Minister said the detailed document would be published on Thursday. | The Prime Minister said the detailed document would be published on Thursday. |
MPs are expected to give the Government the power to start negotiations in a vote Wednesday evening. | MPs are expected to give the Government the power to start negotiations in a vote Wednesday evening. |