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>
|
|