Lord Neuberger tells government to clarify position on ECJ post-Brexit
The President of the UK Supreme Court has told the government that it must provide greater clarity on how domestic law will develop after Brexit.
Lord Neuberger has said that Parliament must be “very clear” in telling judges how to treat decisions of the European Court of Justice after the UK leaves the EU and that judges should not be blamed for any misinterpretation in the absence of clear guidance.
Speaking to the BBC, he said: “If 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,” he added.
Lord Neuberger said that judges “would hope and expect Parliament to spell out how the judges would approach that sort of issue after Brexit, and to spell it out in a statute”.