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803037
star this property registered interest false more like this
star this property date less than 2017-12-08more like thismore than 2017-12-08
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government how many cases involving the UK the Court of Justice of the European Union (CJEU) gave rulings on in (1) 2015, (2) 2016, and (3) 2017 to date; what were the broad subject-matters covered by those actions; and what proportion of the CJEU’s rulings in those cases went in the UK’s favour. more like this
star this property tabling member printed
Baroness Manzoor more like this
star this property uin HL4002 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-01-09more like thismore than 2018-01-09
star this property answer text <p>From 2015 to present, the UK has received judgments in 161 cases on which it made submissions. The annual figures are as follows:</p><p> </p><p>● 54 judgments in 2015;</p><p>● 48 judgments in 2016; and</p><p>● 57 judgments in 2017.</p><p> </p><p>The cases included in these figures covered a wide range of subjects. The subjects covered included VAT, competition law, international sanctions, citizens’ rights, consumer protection, the four freedoms, the common agricultural policy, transport, food standards, equalities, data protection, asylum and immigration, and international private law.</p><p> </p><p>These figures include all cases in which the UK made written submissions, and are not limited to cases in which the UK was a party, or cases referred to the CJEU from UK courts. They involve abstract questions of EU law, and are not expressly for or against the UK. Nonetheless, we estimate that the Court mostly or completely followed the UK’s submissions in approximately 50% of the judgments in this period.</p><p> </p>
star this property answering member printed Lord Callanan more like this
star this property question first answered
less than 2018-01-09T12:23:29.307Zmore like thismore than 2018-01-09T12:23:29.307Z
star this property answering member
4336
star this property label Biography information for Lord Callanan more like this
star this property tabling member
4289
star this property label Biography information for Baroness Manzoor more like this
1170152
star this property registered interest false more like this
star this property date less than 2020-01-13more like thismore than 2020-01-13
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government what mechanisms are proposed for mediating legal conflict with the Court of Justice of the European Union where companies are subject to both the jurisdiction of the EU and the UK. more like this
star this property tabling member printed
Lord Clement-Jones more like this
star this property uin HL299 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2020-01-28more like thismore than 2020-01-28
star this property answer text The Withdrawal Agreement brings about the end of the jurisdiction of the Court of Justice of the EU in Britain. <p /><p>The EU (Withdrawal Agreement) Bill makes clear that it is a matter for UK courts to determine UK law, and provides for legal clarity after the implementation period. It also provides for how UK courts must interpret relevant separation agreement law under our international obligations.</p><p><br>Companies will be subject to the court systems of the jurisdictions in which they operate, as normal.</p> more like this
star this property answering member printed Lord Callanan more like this
star this property question first answered
less than 2020-01-28T12:18:48.623Zmore like thismore than 2020-01-28T12:18:48.623Z
star this property answering member
4336
star this property label Biography information for Lord Callanan more like this
star this property tabling member
3396
star this property label Biography information for Lord Clement-Jones more like this
1012169
star this property registered interest false more like this
star this property date less than 2018-11-21more like thismore than 2018-11-21
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property 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. more like this
star this property tabling member printed
Lord Wigley more like this
star this property uin HL11696 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-12-07more like thismore than 2018-12-07
star this property 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> more like this
star this property answering member printed Lord Callanan more like this
star this property question first answered
less than 2018-12-07T11:51:18.797Zmore like thismore than 2018-12-07T11:51:18.797Z
star this property answering member
4336
star this property label Biography information for Lord Callanan more like this
star this property tabling member
547
star this property label Biography information for Lord Wigley more like this
715734
star this property registered interest false more like this
star this property date less than 2017-03-30more like thismore than 2017-03-30
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Exiting the European Union, how many times the UK has made a legal challenge through the EU Court of Justice in each of the last 10 years; and if he will provide details of each such case. more like this
star this property tabling member constituency Westmorland and Lonsdale more like this
star this property tabling member printed
Tim Farron more like this
star this property uin 70148 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2017-04-18more like thismore than 2017-04-18
star this property answer text <p>Since 2007, the UK has made six legal challenges through the Court of Justice of the European Union, detailed below.</p><p> </p><p>1. T-27/16 UK v Commission - This is a direct application by the UK to challenge aspects of the legislation (Implementing Decision (EU) 2015/2098) in relation to funding for Producer Organisations (POs). The UK incurred a disallowance for alleged deficiencies in the manner in which the UK calculates the Value of Marketed Production for POs. The UK believes that its procedures for including the VMP of new joiners to the PO is correct and in compliance with the legislation. Case ongoing.</p><p> </p><p>2. T-245/13 UK v Commission - An application by the UK for the annulment of Commission Decision 2013/123/EU of 26 February 2013 excluding from EU financing certain expenditure incurred by the Member States, to the extent of an entry in the Annex relating to a 5.19% extrapolated correction of expenditure incurred in Northern Ireland in Financial Year 2010 (amounting to €16,513,582.57). Judgment was handed down 4 September 2015; the Court dismissed the action.</p><p> </p><p>3. T-437/14 UK v Commission - An application by the UK for the partial annulment of the Annex to Commission Implementing Decision of 4 April 2014 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD). Judgment handed down 28 September 2016; the Court dismissed the action.</p><p> </p><p>4. T-115/10 - An application by the UK to annul Commission Decision 2010/45/EU of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC (the Habitats Directive), a third updated list of sites of Community importance for the Mediterranean bio-geographical region, to the extent that it lists the Estrecho Oriental site of Community importance. Judgment handed down 24 May 2011; the Court dismissed the action as inadmissible.</p><p> </p><p>5. T-503/12 - An application by the UK to annul Commission Decision 2012/500/EU of 6 September 2012 excluding from EU financing certain expenditure incurred by the Member States, to the extent of four entries in the Annex relating to a 5% flat rate correction of expenditure incurred in Northern Ireland in Financial Year 2008 (amounting to EUR 277 231,60 and EUR 13 671 558,90) and in Financial Year 2009 (amounting to EUR 270 398,26 and EUR 15 844 193,29). Judgment handed down 4 September 2015; the Court dismissed the action.</p><p> </p><p>6. T-107/09 - An application by the UK to annul Commission decision 2008/960/EC (on certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and under the European Agricultural Guarantee Fund) insofar as it has the effect of applying a correction to the Fruit and Vegetable aid scheme against the UK for alleged weaknesses in its control system concerning the recognition of Producer Organisations created before 2002. Case discontinued 1 September 2009.</p><p> </p>
star this property answering member constituency Clwyd West more like this
star this property answering member printed Mr David Jones more like this
star this property question first answered
less than 2017-04-18T13:31:00.193Zmore like thismore than 2017-04-18T13:31:00.193Z
star this property answering member
1502
star this property label Biography information for Mr David Jones more like this
star this property tabling member
1591
star this property label Biography information for Tim Farron more like this
1064132
star this property registered interest false more like this
star this property date less than 2019-02-19more like thismore than 2019-02-19
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Liverpool, Wavertree more like this
star this property tabling member printed
Luciana Berger more like this
star this property uin 223557 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2019-02-25more like thismore than 2019-02-25
star this property 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> more like this
star this property answering member constituency Worcester more like this
star this property answering member printed Mr Robin Walker more like this
star this property question first answered
less than 2019-02-25T16:07:46.637Zmore like thismore than 2019-02-25T16:07:46.637Z
star this property answering member
4091
star this property label Biography information for Mr Robin Walker more like this
star this property tabling member
4036
star this property label Biography information for Luciana Berger more like this
890100
star this property registered interest false more like this
star this property date less than 2018-04-23more like thismore than 2018-04-23
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Exiting the European Union, what discussions he has had with Cabinet colleagues on the implementation of European Court of Justice judgments during the implementation period after the UK leaves the EU. more like this
star this property tabling member constituency Belfast North more like this
star this property tabling member printed
Nigel Dodds more like this
star this property uin 137150 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-05-01more like thismore than 2018-05-01
star this property answer text <p>We have agreed with the EU that for the implementation period, we will continue to use the existing EU mechanisms for supervision and enforcement - and we will continue to follow Court of Justice of the European Union (CJEU) judgments. This is necessary so that there is only one set of changes for businesses and people. This does not change the fact that in the long term, outside of the EU, the UK will no longer be under the direct jurisdiction of the CJEU.</p><p><strong> </strong></p><p>We have also agreed that the Withdrawal Agreement will establish a new Joint Committee through which both parties will be able to discuss and resolve any concerns that arise during the implementation period. It will, for example, provide the UK with a means to raise concerns regarding new laws, which we consider might be harmful to our interests. This will help ensure the implementation period operates smoothly, allowing us to resolve any issues promptly.</p><p> </p> more like this
star this property answering member constituency Fareham more like this
star this property answering member printed Suella Braverman more like this
star this property question first answered
less than 2018-05-01T11:23:51.287Zmore like thismore than 2018-05-01T11:23:51.287Z
star this property answering member
4475
star this property label Biography information for Suella Braverman more like this
star this property tabling member
1388
star this property label Biography information for Lord Dodds of Duncairn more like this
1016480
star this property registered interest false more like this
star this property date less than 2018-11-28more like thismore than 2018-11-28
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Witham more like this
star this property tabling member printed
Priti Patel more like this
star this property uin 196897 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-12-06more like thismore than 2018-12-06
star this property 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> more like this
star this property answering member constituency Daventry more like this
star this property answering member printed Chris Heaton-Harris more like this
star this property question first answered
less than 2018-12-06T16:39:15.09Zmore like thismore than 2018-12-06T16:39:15.09Z
star this property answering member
3977
star this property label Biography information for Chris Heaton-Harris more like this
star this property tabling member
4066
star this property label Biography information for Priti Patel more like this
1011619
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Witham more like this
star this property tabling member printed
Priti Patel more like this
star this property uin 194218 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property 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>
star this property answering member constituency Spelthorne more like this
star this property answering member printed Kwasi Kwarteng more like this
star this property question first answered
less than 2018-11-27T11:11:54.733Zmore like thismore than 2018-11-27T11:11:54.733Z
star this property answering member
4134
star this property label Biography information for Kwasi Kwarteng more like this
star this property tabling member
4066
star this property label Biography information for Priti Patel more like this
1011620
star this property registered interest false more like this
star this property date less than 2018-11-21more like thismore than 2018-11-21
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Witham more like this
star this property tabling member printed
Priti Patel more like this
star this property uin 194219 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property 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> more like this
star this property answering member constituency Spelthorne more like this
star this property answering member printed Kwasi Kwarteng more like this
star this property question first answered
less than 2018-11-27T11:14:27.11Zmore like thismore than 2018-11-27T11:14:27.11Z
star this property answering member
4134
star this property label Biography information for Kwasi Kwarteng more like this
star this property tabling member
4066
star this property label Biography information for Priti Patel more like this
1016478
star this property registered interest false more like this
star this property date less than 2018-11-28more like thismore than 2018-11-28
star this property answering body
Department for Exiting the European Union more like this
star this property answering dept id 203 more like this
star this property answering dept short name Exiting the European Union remove filter
star this property answering dept sort name Exiting the European Union more like this
unstar this property hansard heading Court of Justice of the European Union remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Witham more like this
star this property tabling member printed
Priti Patel more like this
star this property uin 196895 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-12-03more like thismore than 2018-12-03
star this property 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>
star this property answering member constituency Daventry more like this
star this property answering member printed Chris Heaton-Harris more like this
star this property grouped question UIN 196893 more like this
star this property question first answered
less than 2018-12-03T16:24:21.053Zmore like thismore than 2018-12-03T16:24:21.053Z
star this property answering member
3977
star this property label Biography information for Chris Heaton-Harris more like this
star this property tabling member
4066
star this property label Biography information for Priti Patel more like this