European Court of Justice: Northern Ireland

(asked on 13th March 2023) - View Source

Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what changes to the role of the European Court of Justice in Northern Ireland will be made as a result of the Windsor Framework; and how any such change be implemented in law.


This question was answered on 23rd March 2023

The Windsor Framework removes 1,700 pages of EU law, and with them any European Court of Justice (ECJ) interpretation and oversight in those areas. Furthermore, the Stormont Brake would enable a sovereign UK Government decision to veto the application of new EU laws and accompanying ECJ oversight within Northern Ireland. This safeguard in the treaty itself is not subject to ECJ oversight, and any dispute on this issue would be resolved through subsequent independent arbitration according to international, not EU law.

In the limited circumstances in which EU rules do continue to apply, the UK and EU are clear that political routes should be used to seek to resolve issues before resorting to formal dispute settlement and that the fundamental underpinning of this arrangement is in international law, not EU law and the EU institutions.

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