Outlining the process, David Greene, senior partner at Edwin Coe & NLJ columnist, said: ‘MEPs will stage the final political act of the UK’s exit from the EU by voting on the withdrawal agreement, paving the way for the termination of 47 years of membership on Friday.
‘A copy of the withdrawal agreement, signed by the UK foreign secretary, Dominic Raab, was deposited in Brussels on Wednesday morning. The UK’s permanent representative in Brussels, Sir Tim Barrow, delivered the so-called “instruments of ratification” to Jeppe Tranholm-Mikkelsen, the Danish secretary general of the EU council, the body that acts as depositories for the treaty. Barrow’s title will change to ambassador to the EU after the UK’s exit.’
Negotiations on the future UK-EU relationship are reported to be due to start on 3 March.
The UK judges at the European Court of Justice (ECJ) will leave their post immediately, although the ECJ will continue to have jurisdiction in the transition period. Its status in the UK thereafter is unknown.
Greene says: ‘It has always been the government position that the UK might diverge from EU law as asserted by the ECJ.
‘That divergence, however, would take place at the highest judicial level only. Clause 26 [of the EU (Withdrawal Agreement) Bill] opens up the possibility of extending that possible divergence to courts and tribunals of first instance. As one, the profession and the judiciary have expressed concern of the uncertainty that this provision, if brought into effect, would generate. It remains to be seen where the government will land.’
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