Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps she is taking to ensure that dynamic alignment with EU law does not undermine UK judicial independence.

As outlined in the Common Understanding from the UK-EU Summit, the UK will have a joint role in shaping any new rules governing our relationship with the EU. In specific areas this will mean aligning our shared obligations to facilitate better trade and increased security. However, no rules will apply in the UK without Parliament’s agreement and any disputes will be done by international arbitration.

The Court of Justice of the European Union (CJEU) will only have a role with regards the interpretation of EU law, in the same way that UK judges remain the independent interpreters of UK law. The Government remains unequivocally committed to the independence of the judiciary. We will continually work to ensure that any cooperation with the EU, including alignment where appropriate, respects the UK’s constitutional framework and preserves the independence of our judiciary.