Court of Justice of the European Union

(asked on 21st November 2018) - View Source

Question to the Department for Exiting the European Union :

To ask Her Majesty's Government, under the terms of the draft agreement on the withdrawal of the UK from the EU, in what circumstances they anticipate UK judicial authorities being required to have regard to the case law of the Court of Justice of the EU after the transition period has ended.


Answered by
Lord Callanan Portrait
Lord Callanan
Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
This question was answered on 7th December 2018

As provided for in Article 4 of the Agreement, where Union law is applied by the Withdrawal Agreement, UK courts will interpret it in conformity with relevant case law handed down by the Court of Justice of the European Union (CJEU) before the end of the implementation period. They will also pay due regard to relevant CJEU case law handed down after the end of the implementation period when considering the interpretation and application of the Withdrawal Agreement in UK law.

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