On 7 July 2018, Martin Howe QC, chairman of Lawyers for Britain, published a widely read memorandum with an initial assessment of the Prime Minister’s Chequers plan, based on the 3-page press statement issued by the government on 6 July 2018. Following the publication of the White Paper on 12 July 2018, he and other legal colleagues are producing a series of in-depth briefings about different aspects of the Chequers plan. In the first of this series, Martin Howe QC deals with the future jurisdiction of the European Court of Justice under the Chequers plan.
At the core of the proposed permanent post-Brexit relationship with the EU is a ‘common rulebook for goods including agri-food’ (White Paper, §7a – references are to paragraph numbers in the White Paper, unless otherwise stated). This rulebook will be ‘common’ only in the sense that the rules decided on by the EU will bind the UK, but without the UK having the right which it presently enjoys as an EU Member State to vote on those rules. In addition, the White Paper commits to another ‘common’ rulebook for state aid (§7f), and a further ‘common’ rulebook consisting of the EU’s Customs Code and its rules related to safety and security (§17d). There is also another possible ‘common’ rulebook on electricity trading (§140). Continue reading “Chequers White Paper Briefing No. 1: ECJ Jurisdiction”