European Union Committee
Dispute resolution and enforcement after Brexit

15th Report of Session 2017-19 - published 3 May 2018 - HL Paper 130



Chapter 1: Introduction

This report

The European Union Committee’s work

Our inquiry

Chapter 2: Background

The role of the Court of Justice of the European Union (CJEU)

What sort of disputes may arise after Brexit?

The European Council’s draft guidelines

Government’s starting point

What is the Government seeking to achieve?

The options available

The EFTA Court option

A tailored solution?

Table 1: Potential jurisdictional gaps post-Brexit


Chapter 3: The Withdrawal Agreement

The draft texts

Analysis of the draft text

A special regime for citizens’ rights

Northern Ireland

The Institutional provisions

The Joint Committee

The Commission’s proposed role for the CJEU

Should the CJEU have jurisdiction over the Withdrawal Agreement?

Might the Withdrawal Agreement be referred to the CJEU?

The Government’s view

Some potential ways forward

Borrowing the EFTA Court to interpret the Withdrawal Agreement


An international treaties court



Chapter 4: The transition period


Analysis of the draft text


Chapter 5: The future relationship

The options available

Access to justice

What is the impact of the Government’s red line on the UK’s possible future relationship with the EU?

Figure 1: Commission’s diagram on possible future relationships

A four-pillar option?

Figure 2: Possible framework for the future partnership proposed by the European Commission

Box 1: The European Arrest Warrant


Chapter 6: The impact of Brexit on the legal landscape


The impact of Brexit on the influence of the UK legal system

Mutual recognition of judgments

Box 2: Justice co-operation in family law cases

What impact will Brexit have on rights?

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Call for evidence

Evidence is published online at and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.

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