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Written evidence to the House of Lords EU Justice Sub-Committee’s inquiry on Brexit and citizens’ rights

23 March 2018

This submission outlines the Law Society of England and Wales’ views on the appropriate dispute settlement mechanisms for the UK’s withdrawal from the EU.

There are three stages to the UK’s withdrawal from the EU: withdrawal from EU membership, a transitional period and the new UK-EU relationship. Each stage will require a specific dispute settlement mechanism, either via the European Court of Justice (CJEU) or through the creation of a new mechanism.

Our submission considers:

  • the CJEU’s role in the UK post-Brexit;
  • the most appropriate method of enforcement and dispute resolution for the Withdrawal Agreement and subsequent partnership arrangements with the EU;
  • how the Government can deal with questions relating to EU law in the domestic courts post-Brexit and during any transition period;
  • and the lessons learned from the EFTA Court model and other alternative models for dispute resolution.

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