Prime Minister Theresa May moved to clarify her Brexit breakthrough this week, as lawyers welcomed agreement of the first phase of negotiations.
Speaking to MPs, May said: ‘The EU has accepted that we will incorporate the withdrawal agreement into UK law, and citizens’ rights will then be enforced by our courts—where appropriate, paying due regard to relevant ECJ (European Court of Justice) case law.’
For the first eight years post-Brexit, May said the courts would be able, on a voluntary basis, to ask the ECJ for an interpretation.
She said the precise terms of the implementation period ‘to give governments, businesses and families the time they need to implement the changes required’ would be discussed in the next phase of negotiations.
The first phase agreement is due to be approved by the 27 EU Member States this week.
Ros Kellaway, partner at Eversheds Sutherland, said: ‘A transition period is clearly on the table and looks remarkably like continued membership of the single market and the customs union whilst a trade deal is negotiated.
‘President Tusk has said the UK would have to “respect the whole of EU law, including new law” as well as contributing to the EU budget. This closely resembles the situation of Norway, who are not members of the EU and have no seat at the EU legislative table, but are the eighth largest contributor to the EU budget in exchange for membership of the single market. Norway is not a member of the customs union so is free to negotiate its own trade deals with the rest of the world.’
Law Society vice president Christina Blacklaws said: ‘We’re particularly pleased that the UK government has asked for a two-year transition including remaining for that period in the customs union and the single market.’
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