Pro-Brexit agreement with the EU likely to be referred to the European Court of Justice (ECJ)

Information released recently reveals that the European Court of Justice (ECJ) may have a significant role to play in any final trade deal the UK and the EU reaches as the UK exits the union as revealed by the president. Though the areas or features of any future deal cannot be predicted at the moment, the likelihood of it ending at the ECJ cannot be ruled out says Koen Lenaerts.

Based on his statement, it can be drawn that the UK’s exit from the EU could be made under the jurisdiction it is resolute to run away from.

“It probably will, one day or another, end up on the docket of the Court – not because of the Court, but because of parties bringing the case,” he said.

Though it was also stated by the 62-year-old chief justice that judges from the ECJ are not going to political influence any case brought before it, even though they cannot decline a case brought before it, but will be base their rulings on legal grounds and not politically. Saying that the ECJ is totally autonomous from the influence of Brussels, based in “splendid isolation” in Luxembourg.

On the contrary, he rejected proposals legal experts which says that the ECJ played an active role in boosting federal powers for Brussels to supress rising Euroscepticism.

“We are not pro-Union, we are not against Union,” he said. “We are pro law. The law is made by the political process.”

The UK Government will publish its White Paper spelling out its plan for Brexit after MPs have voted on triggering Article 50.