As the UK government publishes three position papers on Thursday, along with the Brexit repeating big that will transpose all EU law into the UK statute books.
London’s position papers cover issues such as any “ongoing union judicial and administrative proceedings”, another on “privileges and immunities”, and on “nuclear materials and safeguards issues”. The issue regards the UK’s departure from the Euratom treaty, a choice that has been strongly opposed by the House of Commons, both by government MPs and opposition members.
According to the Euratom position paper, the UK aims “to continue working closely with the Euratom Community to help ensure a smooth and orderly exit and to pave the way for a future relationship that benefits the UK and the remaining 27 Member States.” However, since the UK will stop being a Euratom member, London will have to reach bilateral agreements with key nuclear countries such as the USA, Canada, Australia and Japan.
Court of Justice of the EU
The second position paper that the UK published on Thursday on the judicial matters, London looks for a way to orderly end to the jurisdiction of the CJEU in the UK. According to the UK’s estimations, this will become possible, as the Brexit deadline will find only a few cases pending at the CJEU.
The UK’s position paper says that the CJEU should not be allowed to rule on UK cases which were not before the court on the day the UK leaves the EU. “The UK’s approach reflects that we are leaving the EU and the jurisdiction of the CJEU will end and that we will give as much certainty as possible to those who find their cases before the court at the point of withdrawal,” writes the position paper.
“By ending the jurisdiction of the Court of Justice of the European Union UK courts will be supreme once more. Our sensible approach to pending cases means there would be a smooth and orderly transition to when the court no longer has jurisdiction in the UK,” said Brexit Secretary David Davis, suggesting that the position papers show how “deciding the shape of our future partnership with the EU is inextricably linked with our withdrawal talks,” to repeat that the UK may be leaving the EU, but not Europe. “We want to continue cooperating with our friends and neighbors on issues of mutual importance including nuclear safeguards,” Davis added.