Lords to question QC and Cambridge academic on dispute resolution post-Brexit

The Committee's inquiry ‘Brexit: enforcement and dispute resolution' was launched to examine whether there is a continuing role for the Court of Justice of the European Union (CJEU) post-Brexit.

 
Speaking to the Committee at 10.45am Hugh Mercer QC and Professor Catherine Barnard will be asked questions including:

• What would be the most workable alternatives to the CJEU after we leave the EU?
• There have been suggestions that we may see different models of enforcement and dispute resolution to deal with trade, citizens' rights and justice and home affairs issues. Is this a sensible way forward?
• What are your views on the practicability of ‘docking' with the EFTA Court in order to ensure a more comprehensive dispute resolution mechanism?
• If the Government accedes to the creation of some new international court structure, or joins a revised version of the EFTA Court, should UK citizens have direct rights of access to that court?
• Compared to the current arrangements involving the CJEU, what are the potential cost implications of the various options?
• The UK currently benefits from legal mechanisms, such as the European Arrest Warrant, which are dependent on EU law. Can you envisage any circumstances in which we could continue to make use of such mechanisms whilst refusing to recognise the jurisdiction of the CJEU?
• How likely is it that the Withdrawal Agreement will be referred to the CJEU? Is there a significant risk of the CJEU finding the Withdrawal Agreement contrary to EU law and what would be the consequences of such a decision?

The session will take place from 10.45am on Tuesday 6 February in Committee Room 3 of the House of Lords.