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<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>
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