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European Court of Justice

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Thank you for your email about the role of the European Court of Justice (ECJ) after the UK leaves the EU.

First of all we are leaving the EU and we are taking control of our borders, money and laws. In doing so that means the end of the jurisdiction of the ECJ over the UK. In order to provide maximum certainty for businesses and citizens the Government has proposed a time-limited and formally agreed implementation period of around two years. I believe that this is in the interests of both the UK and the EU, but this is a matter for negotiation.

So that we provide maximum certainty while we implement our new arrangements, this period may follow existing rules closely. As the Prime Minister, Theresa May, and the Secretary of State for Exiting the EU, David Davis MP, have said that may mean that we start off with the ECJ still governing the rules we are part of for that period. However, this is fundamentally a matter for negotiation.

In its position on future dispute resolution, the Government has made clear that that the ECJ will not be the final arbiter in any disputes. It would not be right for the court of one party to have jurisdiction over that of the other party.

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Rt Hon Sir Jeremy Hunt MP for Godalming and Ash

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