Judges need more clarity about how to apply post-Brexit decisions of the European Court of Justice (ECJ), Lord Neuberger has said.
After Brexit, historic judgments of the ECJ will retain the same binding status in UK courts, under the European Union (Withdrawal) Bill (the Repeal Bill). However, the extent to which courts must take new judgments into account is not clear.
In an interview with the BBC this week, Lord Neuberger, who retires next month from the role of President of the Supreme Court, said judges should not be blamed for any misinterpretation if the position is not made clear.
Lord Neuberger said all 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.
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