In one of the documents published for the attention of the Twenty-Seven, on Thursday 29 June (see EUROPE 11819), the European Commission outlined the major principles for the governance of the future withdrawal agreement negotiated with the United Kingdom. In it, it reiterates the importance of the role of the Court of Justice, as the withdrawal agreement must respect the legal order of the EU, the document stresses.
The final agreement will provide for the EU and UK to monitor its implementation and, unless specified to the contrary, for any reference to the concept or provisions of EU law to be understood to include the case-law of the Court of Justice. As regards any interim arrangement providing for the continued application of EU law, Court of Justice case-law applicable after the UK leads should also be taken into account.
In the event of disagreements or problems of interpretation of the withdrawal agreement, the agreement notes that the terms laid down by the withdrawal agreement and the negotiations will take precedence. For instance, the UK has suggested creating a special jurisdiction, but all decisions returned by the Court under the provisions of the withdrawal agreement will be binding on the EU and the UK and will be applicable in the UK.
The withdrawal agreement will set in place a joint committee in which the EU and the UK will be represented, the document goes on to explain. The joint committee would have the responsibilities and powers to ensure the proper functioning of the agreement, to adopt all measures necessary to deal with unexpected situations not covered by the agreement or to discuss differences of opinion.
The withdrawal agreement will further state that the Commission has full powers to monitor the implementation of the provisions regarding citizens' rights.
See: http://bit.ly/2twMU5u. (Original version in French by Solenn Paulic)