EU rule

[diy]

Two things occurred to me today while reading the news that Trump is up for a swift trade deal with Britain.

1. According to the EU commission Britain is not allowed to do a trade deal until after its left the EU. The thought "or else what?" springs to mind. How would the EU bring a case against Britain once its left the EU, are we not in effect terminating our contract? Under who's jurisdiction would such a claim be heard?

I can understand that members are banned from doing side trade deals, but who in their right mind would do an exit deal with such empty pockets?

2. A lot of legal precedents have been set in the UK based on EU court of justice rulings - one assumes that given "lower" UK courts have ruled one way and the EU court the other, the EU ruling is nullified and the lower court ruling stands?

[Smouldering Stoat]

1 (a) The World Trade Organisation's. Further, We have signed a treaty undertaking not to conclude any trade deals. Asking others to conclude an agreement with us while indicating our unwillingness to be bound by our agreements may not be a strong negotiating position.

(b) Us.

2 Who knows? A lot of lawyers are going to make a lot of money. Nobody knows what will happen if, for example, we follow a precedent which has been set by the CJEU, but which is corrected by a further decision after we've left.

[atticus]

Q2. I do not share diy's assumption. One (in this case me) assumes that judgments of the European Court made while the UK is a member of the EU will remain binding.

One also assumes that Brexit legislation will address the point.

[Hairyloon]

I would hesitate to assume anything about the Brexit legislations: any assumptions we make would be based on thoughts coming from a (relatively speaking) rational mind...

[diy]

Q2. I do not share diy's assumption. One (in this case me) assumes that judgments of the European Court made while the UK is a member of the EU will remain binding.

One also assumes that Brexit legislation will address the point.

So in effect the president remains until its successfully appealed/repealed by a new higher court in the uk, which is currently a lower court, overturning the ruling which was previously overturned by that other court and set by this lower court which becomes the new higher court.

[Hairyloon]

You mean precedent. The president will remain until he has served his term, or is assassinated or impeached.

[atticus]

Does diy himself understand his last post?

[diy]

Yes

[atticus]

Today the Prime Minister has given a speech in which she has said:

"... As we repeal the European Communities Act we will convert the "acquis" - the body of existing EU law - into British law. This will give the country maximum certainty as we leave the EU. The same rules will apply on the day after Brexit as they did before."

[Hairyloon]