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1064132

registered interest
date	19/02/2019
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, on what date the United Kingdom will not have a judge on the European Court of Justice in the event of (a) the UK leaving the EU in line with the Withdrawal Agreement and (b) the UK leaving the EU without a deal.
tabling member constituency	Liverpool, Wavertree
tabling member printed	Luciana Berger
uin	223557
answer	answer is ministerial correction date of answer 25/02/2019 answer text <p>When we leave the EU, we will no longer have a right to nominate UK judges to the CJEU. The UK judges currently appointed to the CJEU will therefore depart from the court at the point at which the UK exits the EU.</p><p> </p> answering member constituency Worcester answering member printed Mr Robin Walker question first answered 25/02/2019 16:07:46 answering member 4091 label Biography information for Mr Robin Walker
tabling member	4036 label Biography information for Luciana Berger

1016476

registered interest
date	28/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom, and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, on what matters the Court of Justice of the European Union will exercise (a) jurisdiction, (b) binding judgements and (c) judgements that influence the UK after 29 March 2019.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	196893
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.</p><p>The Withdrawal Agreement ensures that the UK’s membership of the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK.</p><p>After the implementation period, the CJEU will have jurisdiction, and the Commission will be able to bring infraction proceedings, only within the limited terms defined in the Withdrawal Agreement, which relate to the UK’s time as a Member State, the application of the implementation period, or the winding down of the application of EU law. Beyond that, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.</p><p>In Northern Ireland, were the backstop to come into effect, the CJEU’s role would be strictly limited to interpreting and enforcing those small number of areas in which EU law would apply. However, as the Withdrawal Agreement and Political Declaration make absolutely clear, we do not want or expect the backstop to be needed - and even if it were ever to come into effect, it would be strictly temporary.</p><p><strong> </strong></p><p /> <p> </p> answering member constituency Daventry answering member printed Chris Heaton-Harris grouped question UIN 196895 question first answered 03/12/2018 16:24:21 answering member 3977 label Biography information for Chris Heaton-Harris
tabling member	4066 label Biography information for Priti Patel

1016477

registered interest
date	28/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, what (a) primary and (b) secondary legislation will be required to facilitate the measures in relation to the jurisdiction of the Court of Justice of the European Union.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	196894
answer	answer is ministerial correction date of answer 11/12/2018 answer text <p>The Government has secured a deal which takes back control of our laws; it ends the jurisdiction of the CJEU in the UK and instead means our laws being made in our Parliaments, enforced by our courts.</p><p>There will be a limited and clearly defined role for the CJEU as set out in the Withdrawal Agreement. The EU (Withdrawal Agreement) Bill will implement the Withdrawal Agreement in UK law.</p> answering member constituency Spelthorne answering member printed Kwasi Kwarteng grouped question UIN 196896 question first answered 11/12/2018 11:17:37 answering member 4134 label Biography information for Kwasi Kwarteng
tabling member	4066 label Biography information for Priti Patel

1016478

registered interest
date	28/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, on what matters the Court of Justice of the European Union will exercise (a) jurisdiction, (b) binding judgements and (c) judgements that effect the UK after 29 March 2019.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	196895
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.</p><p>The Withdrawal Agreement ensures that the UK’s membership of the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK.</p><p>After the implementation period, the CJEU will have jurisdiction, and the Commission will be able to bring infraction proceedings, only within the limited terms defined in the Withdrawal Agreement, which relate to the UK’s time as a Member State, the application of the implementation period, or the winding down of the application of EU law. Beyond that, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.</p><p>In Northern Ireland, were the backstop to come into effect, the CJEU’s role would be strictly limited to interpreting and enforcing those small number of areas in which EU law would apply. However, as the Withdrawal Agreement and Political Declaration make absolutely clear, we do not want or expect the backstop to be needed - and even if it were ever to come into effect, it would be strictly temporary.</p><p><strong> </strong></p><p /> <p> </p> answering member constituency Daventry answering member printed Chris Heaton-Harris grouped question UIN 196893 question first answered 03/12/2018 16:24:21 answering member 3977 label Biography information for Chris Heaton-Harris
tabling member	4066 label Biography information for Priti Patel

1016479

registered interest
date	28/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, what (a) primary and (b) secondary legislation will be required to facilitate the measures contained in relation to the jurisdiction of the Court of Justice of the European Union.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	196896
answer	answer is ministerial correction date of answer 11/12/2018 answer text <p>The Government has secured a deal which takes back control of our laws; it ends the jurisdiction of the CJEU in the UK and instead means our laws being made in our Parliaments, enforced by our courts.</p><p>There will be a limited and clearly defined role for the CJEU as set out in the Withdrawal Agreement. The EU (Withdrawal Agreement) Bill will implement the Withdrawal Agreement in UK law.</p> answering member constituency Spelthorne answering member printed Kwasi Kwarteng grouped question UIN 196894 question first answered 11/12/2018 11:17:37 answering member 4134 label Biography information for Kwasi Kwarteng
tabling member	4066 label Biography information for Priti Patel

1016480

registered interest
date	28/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to paragraph 83 of the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom, under which circumstances the Court of Justice of the European Union will (a) have jurisdiction, (b) make binding judgements and (c) make judgements that carry influence in the UK after 29 March 2019.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	196897
answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>The UK and the EU agreed in the Political Declaration that the closer and deeper the partnership on law enforcement and judicial cooperation in criminal matters, the stronger the accompanying commitments. These may include the alignment of rules and the mechanisms for disputes and enforcement, including the role of the Court of Justice of the European Union (CJEU) in the interpretation of Union law.</p><p>As per the White Paper, the UK has always made clear that a deep and ambitious level of cooperation on internal security will also need to be underpinned by clear safeguards, such as robust governance arrangements, data protection arrangements and the protection of individual rights.</p><p>Furthermore, as the Prime Minister has always stated, we will respect the remit of the CJEU where we participate in an EU agency.</p><p> </p> answering member constituency Daventry answering member printed Chris Heaton-Harris question first answered 06/12/2018 16:39:15 answering member 3977 label Biography information for Chris Heaton-Harris
tabling member	4066 label Biography information for Priti Patel

1011619

registered interest
date	22/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, for what reason it was agreed that the Court of Justice of the European Union can continue to exercise jurisdiction over the United Kingdom from (a) after the UK withdrawal from the EU on 29 March 2019, (b) at the end of the transition period and (c) after the transition period.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	194218
answer	answer is ministerial correction date of answer 27/11/2018 answer text <p>The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.</p><p>The Withdrawal Agreement ensures that the UK’s membership in the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK. After the implementation period, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.</p><p> </p> answering member constituency Spelthorne answering member printed Kwasi Kwarteng question first answered 27/11/2018 11:11:54 answering member 4134 label Biography information for Kwasi Kwarteng
tabling member	4066 label Biography information for Priti Patel

1011620

registered interest
date	21/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Union and the European Atomic Energy Community, for what reason the provisions in Article 174 granting the Court of Justice of the European Union the jurisdiction to provide an interpretation of Union Law and of the Agreement was included.
tabling member constituency	Witham
tabling member printed	Priti Patel
uin	194219
answer	answer is ministerial correction date of answer 27/11/2018 answer text <p>Under the Withdrawal Agreement, if there is a dispute which involves a question on the interpretation of EU law, the panel will not decide on that question, but request the CJEU to give a ruling on it. It will, however, still be for the arbitration panel to rule on the dispute itself.</p><p>Under the EU Treaties, the CJEU is the only body which can deliver interpretations of EU law which bind the EU and its Member States. If the arbitration panel was empowered to interpret EU law and bind the EU and its Member States to this interpretation, it would be considered unlawful by the CJEU and prevent the EU from being able to sign up to such a provision.</p><p> </p> answering member constituency Spelthorne answering member printed Kwasi Kwarteng question first answered 27/11/2018 11:14:27 answering member 4134 label Biography information for Kwasi Kwarteng
tabling member	4066 label Biography information for Priti Patel

1012169

registered interest
date	21/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Lord Wigley
uin	HL11696
answer	answer is ministerial correction date of answer 07/12/2018 answer text <p>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.</p><p> </p> answering member printed Lord Callanan question first answered 07/12/2018 11:51:18 answering member 4336 label Biography information for Lord Callanan
tabling member	547 label Biography information for Lord Wigley