Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order

10-01-2018

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this agreement. It also looks on the role of domestic courts as well as the continued impact of CJEU -UK courts’ rulings. It finally looks into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this agreement. It also looks on the role of domestic courts as well as the continued impact of CJEU -UK courts’ rulings. It finally looks into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

External author

Steve PEERS