Source · Select Committees · Foreign Affairs Committee
Recommendation 30
30
Acknowledged
Beyond the Court of Justice of the European Union’s (CJEU) limited role in dispute resolution...
Recommendation
Beyond the Court of Justice of the European Union’s (CJEU) limited role in dispute resolution where there is a referral of a specific question relating to EU law to that Court, we ask the Government to clarify if these Agreements are also likely to follow the precedent of the EU’s recent treaties with Switzerland, requiring the UK to interpret and apply EU law referred to in the Agreements in conformity with CJEU case law, outside the context of a UK- EU dispute. (Recommendation, Paragraph 88)
Government response summary AI-generated
The government recognises the important role for Parliament and states that Parliament will have a say in areas of dynamic alignment with EU laws and be able to respond to treaties and the related Bill. However, they state that they cannot give a running commentary on negotiations regarding UK decision-shaping powers.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Acknowledged
HM Government · verbatim extract
Acknowledged
The Common Understanding does not provide for oversight of the Court of Justice of the European Union (CJEU) within the United Kingdom. Instead, it provides that the CJEU will have a limited role in assisting an independent arbitration tribunal responsible for deciding a dispute between the UK and the EU in relation to questions of EU law under any future SPS agreement, ETS linking agreement or an electricity agreement. The CJEU does not rule on the substantive outcome of the dispute - that is a matter for the independent arbitration panel. The details of these agreements, including expectations regarding the interpretation of EU Law, are subject to ongoing negotiations with the EU. We will not provide a running commentary on the progress of those negotiations.
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