UK Courts to interpret CJEU case law post-Brexit | Hudson McKenzie

UK Courts to interpret CJEU case law post-Brexit

January 23, 2019 | Latest Thinking, News

All case-law received from the Court of Justice of the European Union (CJEU) must continue to be interpreted by the UK Courts after Brexit, as recently announced.

What is the Court of Justice of the European Union (CJEU)?

Based in Luxembourg, the CJEU is the highest court in Europe and therefore has the ‘final say’ on all EU law.

The CJEU consists of one judge from each EU Member State, alongside eleven advocate generals which are elected by local governments. From this, the CJEU interprets all EU law as well as issuing ‘binding rulings’ over national courts.

What will happen to CJEU case law post-Brexit?

The interpretation of case law must continue until the Brexit transition has ended, which is twenty-one months in total, ending on 31 December 2020.

Following from the post-Brexit transition period, the UK Courts have also been asked to “pay due regard to CJEU case law” so that all interpretation is maintained, regardless of Brexit.

This follows from the recent Withdrawal Agreement under Prime Minister Theresa’s May’s Conservative government last year, in which specifically states that the UK is required to “ensure compliance”, particularly demonstrating any “inconsistent or incompatible national law”.

Therefore, it may be evident that Brexit for the UK doesn’t necessary mean that the UK regain complete sovereignty given its susceptibility to keep consistent compliance with all EU law.

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