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Theresa May admits UK will be bound by EU court during Brexit transition

Emilio Casalicchio

2 min read

Britain will still be bound by rulings from the European Court of Justice during a Brexit transition period, Theresa May revealed today.


The Prime Minister said such a period would “start off” with the ECJ still dictating the rules but a new arrangement could later replace the role of the court.

She also suggested that the UK would be forced to accept new EU laws during an implementation phase – an admission which is likely to infuriate her Foreign Secretary Boris Johnson.

In her landmark speech in Florence last month, Mrs May hinted that the ECJ could still hold power over Britain during the transition period which she expects to last “about two years”.

But in the Commons today she told MPs its continued jurisdiction would be part of a “smooth and orderly process of withdrawal, with minimum disruption”.

“That’s why we want that implementation period and we have to negotiate what will operate during that implementation period," she explained.

“And, yes, that may be that we will start off with the ECJ still governing rules for part of that period.”

She added: “But what we are also clear on is that we can bring forward discussions and agreements on issues like a dispute resolution mechanism and if we can bring forward [that] at an earlier stage, then we would wish to do so.”

She said it was “highly unlikely” that any newly proposed rules would be introduced before the end of the transition period but implied that rules already proposed could be effective in the UK.

Last month Mr Johnson suggested accepting new EU rules during the implementation period would be a red line against his vision for the Brexit process.

LEGAL ADVICE

Elsewhere, Mrs May refused to reveal whether or not the Government had received legal advice saying Brexit could be stopped before the withdrawal date of March 2019.

A number of Labour MPs asked about claims that such advice existed, but Mrs May would only say that the Supreme Court expected the Brexit vote to be delivered.

Mrs May also confirmed the Government was making a contingency plan for the UK crashing out of the EU without a deal.

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