Netizen 24 GBR: Brexit: UK fails to retain voice in European court of justice

Brexit: UK fails to retain voice in European court of justice Eleanor Sharpston QC is Britain’s advocate general at the Europe...

Brexit: UK fails to retain voice in European court of justice

Eleanor Sharpston
Eleanor Sharpston QC is Britain’s advocate general at the European court of justice. Photograph: Supplied
Brexit Brexit: UK fails to retain voice in European court of justice

Exclusive: Theresa May had wanted to keep a British advocate general in return for ECJ retaining role in UK on citizens’ rights

Theresa May has failed to get the EU to agree that Britain will retain a voice at the European court of justice in return for her concession that the Luxembourg court will retain a role in protecting citizens’ rights in the UK after Brexit.

Down ing Street had suggested a British national should remain in the court as one of the 11 advocates general, who present opinions to the judges before their rulings.

It is understood that UK negotiators argued the rules stipulating that advocates general should come from member states were less rigid than those for judges.

The issue had been left open for further talks in the new year, but the Guardian understands that EU diplomats have ruled out the proposal among themselves.

If that stands, the ECJ will not have any British members in the court when it rules on future disputes with the UK government about the rights of the 3.2 million EU nationals currently living in Britain.

Smaller member states wait years for their nationals to take senior positions in the court, and EU diplomats had been appalled at the idea of a non-member state being given special dispensation. Even the suggestion was regarded as an indication of the British government’s belief in its “exceptionalism”.

Q&A

What is the European court of justice (ECJ)?

Show Hide

The Luxembourg-based court of justice of the European Union is the highest court in Europe. Panels of judges from member states sit to interpret whether EU law is being fairly applied and can issue binding rulings over national courts.

The ECJ has had a relatively benign history with the UK â€" unlike the more contentious European court of human rights in Strasbourg â€" but nonetheless became a symbol of compromised sovereignty during the Brexit referendum. The EU has insisted that any future agreements on citizens’ rights and access to the single market must continue to be policed by the ECJ.

See our full Brexit phrasebook

Was this helpful? Thank you for your feedback.

Vince Cable, the Liberal Democrat leader, said: “Theresa May has left Britain in the worst possible position, beholden to the EU court but with no representatives on it.

“Once again this government’s incompetent handling of Brexit is damaging the national interest. People should have the right to reject a Brexit that will leave the country poorer, more divided and with less influence on the world.”

The development is likely to make the prime minister’s acceptance of a continued role for the ECJ and its rulings in British courts ever more unpalatable for pro-Brexit MPs in her party.

May claimed earlier this year that removing Britain from the jurisdiction of the court was a test of whether the country had really left the EU.

However, a draft joint text between the European commission and the British government last week confirmed the UK had agreed that British courts would take “due regard” of ECJ rulings made before 29 March 2019, when Britain is due to leave the EU.

Downing Street has also agreed to a system in which UK courts could voluntarily ask for the Luxembourg court†™s interpretation on cases, although British officials have insisted they would not be binding.

A draft resolution of the European parliament, seen by the Guardian and due to be voted on next week, confirmed the UK has “accepted the competence of the [ECJ] in relation to the interpretation of the withdrawal agreement”.

It also confirmed that Britain has guaranteed the rights of future children of those covered by the withdrawal agreement, and that they will be able to export social security payments abroad, including the winter fuel allowance.

The British government wants to insert a sunset clause limiting to five years the time in which the ECJ will have a role in disputes. The number of years was left blank in the draft joint text leaked last week, indicating that it was the subject of negotiation.

Philippe Lamberts, the leader of the Greens in the European parliament, who has seen the text, told Politico: “May wants the shortest possible ti me limit. The EU wants 15 years.”

There are 28 judges sitting on the ECJ â€" one for every member state. The UK will lose the place held by Christopher Vajda when it leaves the EU.

It had been hoped, however, that Britain could retain the place occupied by Eleanor Sharpston, the current British advocate general.

Sir David Edward, a former British judge on the ECJ, said: “There is a legal argument. The treaties say nothing about the nationality of the advocates general. But of course the other member states will reject it. I’m not surprised there is an argument.”

Sharpston’s term ends on 6 October 2021, and the UK may seek to keep her in post at least until the end of any Brexit transition period.

Advocates general are expected to take an impartial and independent view on cases. Their role is to consider written and oral submissions to the court, and deliver an opinion on the legal solution, which is not binding on the judges.

Sharp ston, a fellow of King’s College, Cambridge and a former joint head of chambers in London, who has been at the ECJ since 2006, said the British influence on the court had been positive.

“It would be a pity to lose this contribution,” she said. “The quality of what is done within EU law is enriched by having a strong contribution by good common law [practitioners] coming from the UK and Ireland.”

Topics
  • Brexit
  • Court of justice of the European Union
  • European Union
  • Europe
  • Foreign policy
  • news
  • Share on Facebook
  • Share on Twitter
  • Share via Email
  • Share on LinkedIn
  • Share on Pinterest
  • Share on Google+
  • Share on WhatsApp
  • Share on Messenger
  • Reuse this content
Source: Google News

COMMENTS

Name

Accessory,1,Apartment,1,Application,1,Automotive,3,Bank,1,Beauty,2,Board,1,Breakfast,2,Budget Living,1,Building,1,Business,2,Car Accessory,2,Car part,1,Car Shop,1,Celebrity,4,Cloth accessory,1,Cooking,1,Cover,2,Deals,1,Design,3,Digital Life,1,Dinner,1,Dish Review,2,DIY Projects,3,Economy,2,Education,2,Engine,1,Entertainment,1,Expert Advices,2,Fashion,2,Financial,1,Food,3,Football,1,Games,1,Gossip,1,Heath,1,Hotels,1,House,2,Individual,1,Inspiration,2,Latin,1,Lifestyle,6,Live Show,1,Love,1,Lunch,2,Model,1,Music,2,Nutrition,1,Olympic,1,Politics,1,Pop Shop,1,Rock,1,Sports,1,Startup,1,Stock,1,Tech Review,1,Tech Tips,1,Technology,2,Tennis,1,Tone Set,1,Travel,1,Trip Ideas,1,Vogue,1,Weather,1,Wedding,1,World,3,
ltr
item
Netizen 24 United Kingdom: Netizen 24 GBR: Brexit: UK fails to retain voice in European court of justice
Netizen 24 GBR: Brexit: UK fails to retain voice in European court of justice
https://i.guim.co.uk/img/media/ee642f6c562f83dafab00540528703f0da0fa8cb/0_216_1535_920/master/1535.jpg?w=300&q=55&auto=format&usm=12&fit=max&s=07c6257b16f9b8a019d721f58ef0214d
Netizen 24 United Kingdom
http://www.unitedkingdom.netizen24.com/2017/12/netizen-24-gbr-brexit-uk-fails-to.html
http://www.unitedkingdom.netizen24.com/
http://www.unitedkingdom.netizen24.com/
http://www.unitedkingdom.netizen24.com/2017/12/netizen-24-gbr-brexit-uk-fails-to.html
true
7001244007360372224
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy