Withdrawal Agreement Jurisdiction

In order to facilitate the most efficient transfer of these equipment, the United Kingdom and the Community are taking the necessary legal steps to free the Community from its obligations and commitments arising from the agreement reached on 25 March 1994 with British Nuclear Fuels PLC (now Sellafield Ltd). The arbitration panel, in agreement with the parties, may decide not to hold a hearing. UK participation in the EIB Group after withdrawal date 2. The European Court of Justice has jurisdiction to rule prejudicially on the applications in paragraph 1. The legal effects of these preliminary decisions in the United Kingdom are the same as the legal effects of requests for a preliminary decision under Article 267 of the TFUE in the EU and its Member States. On an exceptional basis, the Union invites the United Kingdom to participate, in the context of the EU delegation, in meetings or meetings of these bodies, where the Union considers that the UK`s presence is necessary and is in the interests of the Union, particularly for the effective implementation of these agreements during the transitional period; this presence is only permitted if the participation of Member States is authorised by the existing agreements. During the transition period, almost all EU rules will continue to apply in the UK. The jurisdiction of the Court of Justice in the United Kingdom will also be largely in the same way as that of the United Kingdom as a Member State. This means that, during the transition period, the European Court of Justice will be able to rule on the following types of measures involving the United Kingdom: if the transitional provisions of the withdrawal agreement do not apply, things are more complex and, to some extent, uncertain.

The exact position will depend on whether other agreements will be concluded between the UK and the EU (and/or EFTA countries) by the end of the transition, for example for the UK which adheres to the Lugano Convention, and in this case, little will change with regard to competence and enforcement, both between the UK and between the EU and the EU. It is considered that nothing more is agreed in the relevant areas. The position will also depend on the content of additional UK legislation adopted before the end of the transition, such as the proposed Private International Law (implementation of agreements) act, which appears in the Queen`s Speech and which seems to clarify the transposition of the 2005 Hague Convention into national legislation, although few details are available. 2. In the United Kingdom and in the Member States in situations where the United Kingdom is concerned, the following acts or provisions apply to the recognition and enforcement of judgments, decisions, acts, judicial transactions and agreements: this protocol therefore does not prevent the United Kingdom from including Northern Ireland in the territorial scope of agreements it can enter into with third countries, provided that these agreements do not affect the application of this protocol.

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