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Brexit fury as EU judges' orders to be enforceable in UK

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    Brexit fury as EU judges' orders to be enforceable in UK

    Always read the small print before you judge a deal.

    Brexit fury as EU judges' orders to be enforceable in UK in relation to bloc's programmes


    Decisions adopted by the European Commission imposing a pecuniary obligation on legal or natural persons other than States in relation to any claims stemming from Union programmes, activities, actions or projects shall be enforceable in the United Kingdom
    Still huge amounts of the trade detail to be hammered out in the coming years, this influence will almost certainly creep into other areas.
    I'm alright Jack

    #2
    Having only skimmed the article, as it's the Express, it would seem that European initiatives like Horizon will be covered by the ECJ so in effect the legal side of the engagement will be subject to EU jurisdiction rather than UK? Much like a contract with NASA would be subject to US law?

    What have I missed?

    Comment


      #3
      Originally posted by ladymuck View Post
      Having only skimmed the article, as it's the Express, it would seem that European initiatives like Horizon will be covered by the ECJ so in effect the legal side of the engagement will be subject to EU jurisdiction rather than UK? Much like a contract with NASA would be subject to US law?

      What have I missed?
      not really, that wouldn't be need to be written into a trade deal for example a contract between the UK government and a private contractor in the UK within the programme.
      Last edited by BlasterBates; 27 December 2020, 11:32.
      I'm alright Jack

      Comment


        #4
        Originally posted by BlasterBates View Post
        not really, that wouldn't be need to be written into a trade deal.
        Not really, any contract needs to be clear about whose legislation will underpin the agreement.

        And where's the headline about EU "fury" over UK laws being applied to UK-originated contracts...
        Blog? What blog...?

        Comment


          #5
          Originally posted by malvolio View Post
          Not really, any contract needs to be clear about whose legislation will underpin the agreement.

          And where's the headline about EU "fury" over UK laws being applied to UK-originated contracts...
          For those programmes the ultimate arbiter is the ECJ, not the UK, therefore there isn't a lot of fury in the EU.
          I'm alright Jack

          Comment


            #6
            hey if they want we can add carcinogenic horse meat in our exports to the EU if they ask nicely!
            Always forgive your enemies; nothing annoys them so much.

            Comment


              #7
              Originally posted by BlasterBates View Post
              For those programmes the ultimate arbiter is the ECJ, not the UK, therefore there isn't a lot of fury in the EU.
              No it's not. Even if it were, the UK will be in a position to ignore the ECJ, just like it can ignore every other national judiciary if it chooses. These are about arbitrated trading arrangements, not laws.

              But hey, you believe what you like if it makes you happy.
              Blog? What blog...?

              Comment


                #8
                Originally posted by malvolio View Post
                No it's not. Even if it were, the UK will be in a position to ignore the ECJ, just like it can ignore every other national judiciary if it chooses. These are about arbitrated trading arrangements, not laws.

                But hey, you believe what you like if it makes you happy.
                I believe the text in the trade agreement.

                Decisions adopted by the European Commission imposing a pecuniary obligation on legal or natural persons other than States in relation to any claims stemming from Union programmes, activities, actions or projects shall be enforceable in the United Kingdom
                As the trade agreement says, decisions by the European Commission will be enforceable in the UK.
                I'm alright Jack

                Comment


                  #9
                  Originally posted by malvolio View Post
                  No it's not. Even if it were, the UK will be in a position to ignore the ECJ, just like it can ignore every other national judiciary if it chooses.
                  Yeah, that works well.

                  Comment


                    #10
                    Originally posted by BlasterBates View Post
                    I believe the text in the trade agreement.



                    As the trade agreement says, decisions by the European Commission will be enforceable in the UK.
                    Mal doesn’t like believing that sort of thing.

                    Comment

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