The UK has previously strongly resisted the European Court of Justice (ECJ) having a say over its future trade with the EU following its departure from the bloc. But lawyers now warn that in some areas, such as the operation of trains between the UK and the European mainland, the ECJ’s role cannot be ignored.
The future operation of the Channel Tunnel between the UK and France is being challenged, according to the Guardian, as Brussels seeks to pressure London to accept the European Court of Justice in its internal affairs to allow the functioning of a train system between the two countries.
This week, the European Commission appealed to the European council and parliament to call upon the French government for urgent talks with London that would permit the ECJ to step in in case of any legal disputes between France and the UK, noting that following Brexit, “union law would not longer be applicable to the part of the Channel fixed link under the jurisdiction of the United Kingdom”.
According to insiders cited by the Guardian, after the Brexit transition period ends on 31 December, a type of overarching body such as the ECJ would be really needed on the route:
On 16 July, France informed the European Commission that “it would like to negotiate an agreement supplementing the Treaty of Canterbury”, that secured the Eurotunnel project back in 1986 when signed by then UK Prime Minister Margaret Thatcher, French President François Mitterrand and his Foreign Minister Roland Dumas.
That said, Britain and France do have other options to settle any potential legal issues that might emerge during Eurotunnel’s operation, including to appeal to the International Court of Arbitration in the Hague or to resort to a dispute resolution mechanism. However, some lawyers believe that a role for the ECJ will be necessary.
Following the UK’s official divorce from the European Union on 31 January, the country has now entered a 11-month transition period during which officials from London and Brussels will decide on their future trade and legal relations, as well as the status of so-called a level-playing field. According to comments from officials on both sides, some of these issues remain unresolved, increasing the likelihood of a “no-deal” scenario.
Sourse: sputniknews.com
