Re: Good News for a Clean Break Brexit

In the ireland protocol...

From the revised ireland protocol, article 12, paragraphs 4-7:
4. As regards the second subparagraph of paragraph 2 of this Article, Article 5 and Articles 7 to
10, the institutions, bodies, offices, and agencies of the Union shall in relation to the United
Kingdom and natural and legal persons residing or established in the territory of the United
Kingdom have the powers conferred upon them by Union law. In*particular, the*Court*of
Justice of the European Union shall have the jurisdiction provided for in the Treaties in this
respect.*Thesecond and third paragraphs of Article 267 TFEU shall apply to and in the United
Kingdom in this respect.
5. Acts of the institutions, bodies, offices, and agencies of the Union adopted in accordance with
paragraph 4 shall produce in respect of and in the United Kingdom the same legal effects as
those which they produce within the Union and its Member States.
6. When representing or assisting a party in relation to administrative procedures arising from
the exercise of the powers of the institutions, bodies, offices, and agencies of the Union
referred to in paragraph 4, lawyers authorised to practise before the courts or tribunals of the
United Kingdom shall in every respect be treated as lawyers authorised to practise before
courts or tribunals of Member States who represent or assist a party in relation to such
administrative procedures.
7. In cases brought before the*Court*of Justice of the European Union pursuant to paragraph 4:
(a) the United Kingdom may participate in the proceedings before the*Court*of Justice of
the European Union in the same way as a Member State;
(b) lawyers authorised to practise before the courts or tribunals of the United Kingdom may
represent or assist a party before the*Court*of Justice of the European Union in such
proceedings and shall in every respect be treated as lawyers authorised to practise
before courts or tribunals of Member States representing or assisting a party before the
Court*of Justice of the European Union.
https://www.gov.uk/government/public...al-declaration

The Agreement provides that, within four years from the end of the transition period, the Commission may bring before the CJEU new infringement cases against the United Kingdom, concerning breaches of Union law which occurred before the end of the transition period.

Within the same period, the United Kingdom may also be brought before the CJEU for non-compliance with an administrative decision of a Union institution or body taken before the end of the transition period or, for certain procedures specifically identified in the Agreement, after the end of the transition period.

The CJEU jurisdiction for these new cases is consistent with the principle that the termination of a Treaty shall not affect any right, obligation or legal situation of the parties created prior to its termination. This ensures legal certainty and a level playing field between the EU Member States and the United Kingdom, with respect to situations occurring when the United Kingdom was under Union law obligations.
https://ec.europa.eu/commission/pres...n/qanda_20_104

Re: Good News for a Clean Break Brexit

Since we voted to leave (seems like a thousand years ago) I can't help wondering how much, financially, it has cost us tax payers because of those who have been determined to keep us in - or delayed leaving - as long as they can.

No doubt that the EU will have been grateful for getting much of their finance in return for nothing whatsoever.

Is there a way we could bring a compensation case against the Remainers?

They, clearly, have been spending OUR money, against our wishes, in their attempts top keep us in.

Re: Good News for a Clean Break Brexit

Yes, for their own selfish benefit. Human nature, at least among those sorts of people.

The free press has been identifying at least some of those people. I'm afraid all we can do is avoid anything to do with their companies and businesses and look to other alternatives.

It's no good expecting the government to do anything, of course, especially as many of them are complicit.

Re: Good News for a Clean Break Brexit

Hi

The ECJ can get stuffed.

An Independent Disputes System is what is needed.

Allowing the ECJ to be in control would be like having My Ex Wifes Solicitor being in charge of the Divorce Settlement.

It is not going to happen.

Re: Good News for a Clean Break Brexit

I was listening to the speeches in the HoC last night about the fisheries bill. When this get's made into law, this really will be something to celebrate. I thought Richard Drax, Theresa Villiers and Carla Lockhart were brilliant.

Re: Good News for a Clean Break Brexit

And yet it has happened with assent of boris and the HoC. The withdrawal agreement gives a role to the ECJ in dispute resolvement for 4 years after transition end. The ireland protocol gives the ECJ jurisdiction in perpetuity on matters stated in my post # 11 above.

Re: Good News for a Clean Break Brexit

Swimmy, there is already an International Court of Arbitration in existence. It's based in Paris.

Re: Good News for a Clean Break Brexit

Hi

Boris signed the WA, not May.

He also renegotiated it.

Re: Good News for a Clean Break Brexit

Exactly ..

There is also the WTO - how's that for a level playing field and a disputes mechanism.

Re: Good News for a Clean Break Brexit

"Although we are called a court in name, we do not make formal judgements on disputed matters."

So that's OK then.