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Also, sue in what court? One of the big problems with leaving the EU is that we no longer have access to the ECJ when we have a dispute with the rest of the EU.
by moomin 6y ago
Also, sue in what court? One of the big problems with leaving the EU is that we no longer have access to the ECJ when we have a dispute with the rest of the EU.
- simonh 6y agoOh we're still pretty much just as subject to the ECJ as we ever were. All disputes with the EU concerning treaties or trade agreements with the EU are adjudicated by the ECJ, whether the claimant is a member of the ECJ or not. Any legal dispute with the EU over the terms of our leaving will be adjudicated by the ECJ, and the terms of any trade agreement we make with the EU will be adjudicated by the ECJ, as they are for any other country. What has changed is that as we are no longer members of the EU, we will no longer appoint a justice on the ECJ panel of judges, or have any of our people working there and representing our interests, outside our role as external claimants.
- growlist 6y ago> and the terms of any trade agreement we make with the EU will be adjudicated by the ECJ, as they are for any other country So the ECJ makes it judgement and the US for example has to abide? Please.
- simonh 6y agoOh you're right, my apologies. Those sorts of agreements are usually adjudicated by the WTO. I was thinking of European Economic Area agreements so it depends on the type of deals we agree with the EU. However a lot of our interim agreements with the EU will be based on continuing intra-EU agreements we are currently party to and those will be adjudicated by the ECJ even though we won't be a member, because they are based in EU treaties and law.