Lord Neuberger, the out-going President of the Supreme Court has said that the judiciary need clarity on how to deal with rulings from the European Court of Justice (ECJ). Theresa May, the Prime Minister, had initially said that ECJ could be disregarded, but could still be enforced if the judiciary felt appropriate.
Neuberger said in an interview with the BBC:
“If the Government doesn’t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for making the law when parliament has failed to do so would be unfair”.
“If the UK parliament says we should take into account decisions of the ECJ, then we will do so. If it says we shouldn’t, then we won’t. Basically, we will do what the statute says”.
A spokesman for the Government said:
“We want to provide maximum certainty so the repeal bill will ensure that for future cases, UK courts continue to interpret EU-derived law using the court of justice of the European Union’s case law, as it exists on the day we leave the EU.”