EU judges could still over-rule UK courts for years after Brexit, government admits
2 min read
European judges will continue to have jurisdiction over the UK's legal system for years after Brexit, it has emerged.
Whitehall officials have conceded that the European Court of Justice will be able to over-ride British laws during any post-Brexit "interim period", expected to last up to three years.
The admission came as the Government laid out its plans to end the "direct" jurisdiction of the ECJ as it related to the UK.
A 12-page document setting out how the UK believes legal disputes between Britain and the EU should be handled in future said: "The UK will work with the EU on the design of the interim period, including the arrangements for judicial supervision, enforcement and dispute resolution."
It is understood that officials in the Department for Exiting the European Union believe that will mean the ECJ continuing to be the supreme legal body overseeing British laws.
However, Theresa May appeared to contradict her own officials by insisting that "when we leave the European Union we will be leaving the jurisdiction of the European Court of Justice".
Speaking this morning, the Prime Minister said: "What I’m clear about is that we will be ending the jurisdiction of the European Court of Justice in the United Kingdom. We will be making our laws, Parliament will make our laws, it will be British judges who will interpret those laws and it will be the British Supreme Court that will be the ultimate arbiter of those laws."
Mrs May has already been accused of a "climbdown" by her political opponents after appearing to concede that the ECJ will continue to have some role in post-Brexit UK.
Today's document suggests the setting up of a "dispute resolution mechanism" to rule on legal rows and ensure EU and British laws are properly enforced.
One idea is for the new body to have a representative from the EU, one from the UK, and a neutral party.
The document said: "This will ensure a shared understanding of any agreements, both in terms of interpretation and application. These mechanisms can also help ensure the uniform and fair enforcement of the agreements."
However, the paper also highlights an agreement the EU has with Moldova where, if any dispute involves the interpretation of EU law, the ECJ's ruling is "binding".
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