UK's top judge says government must provide legal clarity on Brexit

UK's top judge says government must provide legal clarity on Brexit”

It states that courts in the United Kingdom will "not be bound by any principles laid down, or any decisions made, on or after exit day by the European court" and will no longer be able to refer matters to EU courts after that date.

Currently Britain must abide by ECJ judgments but Prime Minister Theresa May's government has said that Britain will leave its jurisdiction after Brexit.

In an interview with the BBC, the Supreme Court president said ministers had to outline what must be done to incorporate European Union law for judges, otherwise they would be required to "do their best" without any proper guidance.

"However, we want to provide maximum certainty so the Repeal Bill will ensure that for future cases, United Kingdom courts continue to interpret EU-derived law using the ECJ's case law, as it exists on the day we leave the European Union", she said.

Lord Neuberger said all judges "would hope and expect Parliament to spell out how the judges would approach that sort of issue after Brexit, and to spell it out in a statute". The best way to deal with the post-Brexit extradition system is to mirror the Norway-EU extradition agreement, whereby Norwegian courts implement a "constant review" of the relevant decisions by the European Court of Justice without such decisions being binding. "Basically, we will do what the statute says".

"We're incorporating large amounts of European law into our own law to ensure continuity but how is that to be interpreted thereafter?"

"Lord Neuberger is highlighting [that] it's far from clear, when you look at the legislation, what you're asking the judges to do".

"There must be a recognition that the ECJ does not have a remit to tell United Kingdom citizens what to do".

But Lord Neuberger, who is Master of the Rolls, said that was not clear enough and he said Parliament must be "very clear" in spelling out how British courts should react to landmark judgements in the ECJ.

"What he's saying is there's no point in those circumstances turning round at some subsequent point and saying "well, the judges are interpreting this in a way that is causing us, for example, difficulties".

In the Repeal Bill, which the British government managed to narrowly get through Parliament with the support of MPs from the Democratic Unionist Party, it says British courts would not have to follow rulings made by the ECJ but "may do so if it considers it appropriate".

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