Brussels aren't listening! British courts will not be 'slave' to Europe after Brexit
BRITISH courts will not be slave to Europe or the UK Government after Brexit, an academic has said.
Academic says British courts will not be 'slaves' to Europe
Professor Catherine Barnard said the European Union and UK were at loggerheads over the European Court of Justice’s future authority in Britain and there was a “dialogue of the deaf”.
The professor of EU law and employment also highlighted British courts’ reputation for “independent thinking” and said it would not “slavishly follow” another entity.
Speaking on BBC News, she said the UK would not accept European ruling on EU citizens’ rights, which could last up to 100 years.
She said: “At the moment there’s something of a dialogue of the deaf going on.
British courts are well known for independent thinking, they will not slavishly follow any Government line.
“For the EU, EU citizens based in the UK are enjoying EU rights and therefore should be subject to the European Court of Justice.
“The UK says on the other hand, sure they’re EU citizens but we’re going to give them rights, but they are British rights and so should be subject to the British courts.
“Now the British courts are well known for independent thinking, they will not slavishly follow any Government line.
“But of course they must comply, they must ensure that British law is enforced and that’s what the European Union is worried about because it may be, ten years down the line, the UK changes its law and says actually EU citizens don’t enjoy a status.
“It’s for that reason that the EU wants EU citizens in the UK, and of course British citizens in the EU, to carry on enjoying rights under EU law enforced by the European Commission and European Court of Justice.”
“But this could last for the best part of 100 years because it will last for the lifetime of the youngest person born in around Brexit day.
“For the UK that is absolutely unacceptable.”
Theresa May has been accused of making a U-turn after conceding that EU law will continue to influence the UK after Brexit.
But the government’s position paper, coming out today, makes a significant concession by just calling for an end to “direct jurisdiction”.
Officials have not ruled out some indirect role for the EU’s highest court because it will remain the "ultimate arbiter" of European Union law within the bloc.
In a dramatic change of tone, the paper said: "A close cooperative relationship between the legal systems of the UK and the EU is of mutual importance.”