30 Acknowledged

Beyond the Court of Justice of the European Union’s (CJEU) limited role in dispute resolution...

Recommendation
Beyond the Court of Justice of the European Union’s (CJEU) limited role in dispute resolution where there is a referral of a specific question relating to EU law to that Court, we ask the Government to clarify if these Agreements are also likely to follow the precedent of the EU’s recent treaties with Switzerland, requiring the UK to interpret and apply EU law referred to in the Agreements in conformity with CJEU case law, outside the context of a UK- EU dispute. (Recommendation, Paragraph 88)
Government Response Summary
The government recognises the important role for Parliament and states that Parliament will have a say in areas of dynamic alignment with EU laws and be able to respond to treaties and the related Bill. However, they state that they cannot give a running commentary on negotiations regarding UK decision-shaping powers.
Government Response
Acknowledged
HM Government Acknowledged
The Government recognises there is an important role for Parliament in the legislation process, and secured explicit reference in the Common Understanding to the United Kingdom’s constitutional and parliamentary procedures for future areas of alignment. Where we dynamically align with new EU laws, Parliament will rightly have a say in this. Parliament will be able to respond to the EU treaties being negotiated and to the Bill itself later this year. We are currently in negotiations on UK decision-shaping powers and will not be able to give a running commentary on the progress of those negotiations.