Generation Brexit

Politicians

by
Fred Cullen
Fred Cullen | 5 months ago | in Foul Play!

I don't want courts getting involved in what is a matter for democracies and their elected representatives. If the arrangement is a customs union deal, then let's be honest, we aren't going to get away from the EU court and its oversight. Beyond getting us a good deal, politicians should be honest about this. When Philip Hammond says preferential customs arrangement without European courts being involved, he is not being straight with us.

Alejandro Newsome 5 months ago

I understand the point you are putting across, and I do believe leaders are making the most out of the complexity of supranational bodies and courts as a means of avoiding giving real answers. There are genuine and legitimate reasons for whether the UK should attempt a 'hard' or a 'soft' Brexit, and on what the future legal relationship between both parties should be. However, I think the ECJ will still have some sort of jurisdiction over the UK even if there is no customs union deal, especially bearing in mind the interconnectivity of businesses across the continent, and the high number of EU migrants living in the UK, and of Brits living in Europe. As we have seen in the CETA (trade agreement between the EU and Canada), there are real questions emerging over whether it is even legal under EU treaties to have an independent third party court settling disputes outside of EU law and the ECJ (http://europeanlawblog.eu/2016/10/31/investme...ed-by-the-ecj/).

My question to you is whether you think the UK should favour getting a close to non-existent trade and political agreement with the EU (probably at the expense of citizens, businesses and migrants) just as long as long as the ECJ is completely banished from UK law-making? Do you think the ECJ's role in post-Brexit Britain should be at the top in the list of priorities for David Davis and Michel Barnier to discuss?

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Reply 2

Lev Bronstein 5 months ago

I agree with your point. I am not sure how any court could be seen to have legitimate control over what states act and any EU court would be seen as too inherently biased to be respected by the UK people

Reply 1

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