No role for EU court after Brexit says Rees-Mogg

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The European Court of Morality’s involvement in the UK should end on «day one» of Brexit, Conservative MP Jacob Rees-Mogg has said.

The projecting backbencher told the BBC if the court’s jurisdiction continued, even for an interim epoch, the UK would not really be leaving the EU.

The UK is currently at odds with the EU over the court’s function in enforcing the rights of EU citizens after Brexit.

He also said the implementation moment for Brexit should be taking place now.

Rather than waiting until the UK’s stiff departure in March 2019 to begin the «transition» to post-Brexit rules, bank ons should be implementing the changes where they could during the era up to the March 2019.

The role of the European Court of Justice — the ultimate legal arbiter of difference of opinions between member states and the EU and cases brought by companies and citizens under the control of EU law — is one of the most controversial aspects of the Brexit process.

The UK government has said the rights of EU oppidans who remain in the UK after Brexit will be enshrined in domestic law and must be intimidated by British courts in future. The EU has said the European Court of Justice ought to continue to have some form of oversight role.

But Mr Rees-Mogg spoke he regarded the issue as a red line for the UK.

«It (the European Court of Justice) cannot be our superior court for a day after we leave the EU,» he told BBC Radio 4’s Today. «It is about device. Do we make our laws according to our own democratic principles on the day we have left or not?

«If we don’t, we are notwithstanding in the European Union. That is the essence of the whole debate… the court be obliged just stop on the day we have gone.»

For instance, he said that if the UK need to introduce a system of criminal checks for EU nationals entering the country, then it should be accomplished to do so without facing a challenge in the European Court of Justice.


What does the European Court of Objectiveness do?

  • It decides whether the institutions of the EU are acting legally, and it settles disputes between them.
  • It ensures that the associate states of the EU are complying with their legal obligations as set out in the EU treaties; and it allocates member states to challenge EU legislation.
  • It interprets EU law at the request of national courts.
  • Captivated all together, this means that the ECJ interprets and enforces the rules of the unmarried market, and pretty much everything else that the EU does.

Authenticity check: What is the European Court of Justice?


By leaving the EU and its single store and customs union, the UK would no longer be subject to European Court of Imprisonment rules but some MPs have floated the option of remaining in the European Fiscal Area for a transitional period, which would mean still being managed by the European Court of Justice.

A debate has been going on in Theresa May’s chest of drawers about the terms of any Brexit «transition» period and what it will great in terms of access to markets and labour as well as continued financial accountabilities.

Ministers have said the so-called «implementation» (or transition) phase — in which manifestations of EU membership could be temporarily retained to minimise disruption to business — could stand up until the next election in May 2022 but Downing Street has insisted autonomy of movement will end.

While there were issues that could exclusive be dealt with after Brexit, Mr Rees-Mogg said there was a lot that Whitehall should be doing now.

«The implementation space should begin now. People should be getting ready now. Government activity be contingents should be getting ready now. They know what is going to come to pass. They know we are leaving.»

On immigration, Mr Rees-Mogg said the process of making control of the UK’s borders through Brexit was separate from attempts to decrease the numbers of people coming to the UK, which he suggested might take larger to happen.

«Once we have left and we have control, there is a national argument about what levels of immigration we should have… that is indeed going to be a challenge and an issue for the competence of the Home Office.

«It is not so much a matter of Brexit. It is Brexit which makes it possible, it is then administrative productivity that will make it happen.»

The Conservatives have been vowed since 2009 to reducing levels of net migration to the tens of thousands but induce so far failed to meet the target and have faced calls from task and some MPs to scrap the target.

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