The real work starts here, lawyers have warned as they welcomed the conclusion of the first phase of the Brexit negotiations
The first phase agreement sets out a reduced role for the European Court of Justice (ECJ), with the EU conceding that it will not have direct jurisdiction over the agreement on citizen’s rights. Instead, the UK courts will have to pay ‘due regard’ to its decisions indefinitely, and can refer questions of interpretation directly to the ECJ for eight years post-Brexit.
However, both sides accept that nothing is agreed until everything is agreed.
‘The real complexity of the task will now become clear as we try to forge a new deal which works for all parties,’ said Law Society vice president Christina Blacklaws.
‘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. The complexity of our relationship with the EU means that negotiations must be given adequate breathing space to achieve the best possible deal for the UK and the EU.’
Blacklaws highlighted that England and Wales is the ‘jurisdiction of choice and the second largest legal services sector in the world’.
The Law Society favours a phased approach to exit, giving citizens and businesses—particularly smaller businesses that do not have in-house legal teams—time to familiarise themselves with changes and adapt
Last week, prior to the first phase concluding, the Bar Council released a paper looking at the Irish border question, and considering how the UK could negotiate a reduced role for the European Court of Justice and tighter controls on EU migration, Brexit Paper 25: The relationship between the single market, the customs union and the European Union.
Chair of the Brexit Working Group, Hugh Mercer QC said: ‘By building on the legal framework covering the UK's existing opt-outs, the Government could solve some of the most difficult issues in the current talks while keeping the power to negotiate bi-lateral deals on agriculture, fisheries, competition, trade and environment, which would end the ECJ's jurisdiction in those areas.’
