Explanatory Notes

Governance, enforcement and safeguards

27 Direct jurisdiction of the CJEU in the UK will come to an end with the implementation period. During the implementation period, the UK and the EU have agreed that the existing EU mechanisms for supervision and enforcement will continue to apply in the UK. This will ensure that EU rules are interpreted and applied consistently in both the UK and the EU for the duration of the implementation period.

28 During the implementation period, the UK will maintain the same recourse to the EU’s judicial review structures as a Member State. Should the UK have concerns about the implementation or application of EU law during the implementation period, it will retain the same formal ability to challenge such action as Member States.

29 The ECA currently gives effect to the supremacy of CJEU rulings. This will be preserved during the implementation period, through the saving of the ECA. The Bill amends the EU (Withdrawal) Act 2018 so that provisions of that Act which end the jurisdiction of the CJEU in the UK will take effect at the end of the implementation period.

 

Prepared 19th December 2019