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<p>The right to declare an EU instrument invalid is something that can currently only
be done by the Court of Justice of the European Union. In general, the Government
considers that it does not make sense to create, for our domestic courts, an entirely
new jurisdiction in which they are required to take on this function from the CJEU
and consider, for example, questions around whether the relevant EU institution misused
its powers or complied with the applicable procedural requirements.</p><p><strong>
</strong></p><p>However, we recognise, for example, that in some circumstances, individuals
and businesses may be individually affected by an EU instrument. For instance, a decision
of an EU institution or body may be addressed directly to an individual or business.</p><p><strong>
</strong></p><p>This power could be used to enable a right of challenge in domestic
law to the validity of retained EU law in such circumstances. This could include provision
enabling a challenge which would have been against an EU institution to proceed against
a relevant UK public authority instead.</p><p><strong> </strong></p><p>We want to
take the time to get this right and we will consider carefully the circumstances where
it would be appropriate to enable challenges to be available in domestic law, and
the best way of enabling those challenges to proceed. The Government is not planning
to publish any draft regulations at Report Stage, but we are keen to listen to and
take into account the views of Parliament on this important issue.</p>
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