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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