EFTA Court Model Wins Backing of Key Brexiteers

We will find out more later, though it looks like the government is proposing to copy large aspects of the EFTA court to resolve future trade disputes with the EU. As has been evident for a while. This meets the key Brexiteer requirement of ending the jurisdiction of the ECJ. There is going to be international arbitration post-Brexit, on the face of it this seems a pragmatic, voluntary way of doing it. At this stage a lot of key Brexiteers are on board…

Bill Cash: “The great advantage of the EFTA model is that it is completely independent of the EU yet follows the decisions of the ECJ for the most part, but not always.”

Mark Wallace, ConservativeHome: “There is a world of difference between international and supranational organisations; the EFTA court rules on the implementation of a static and mutually agreed set of rules, while the ECJ is an activist body, pursuing greater integration over the heads of national authorities.”

The Sun: “One answer could be to join the court of the European Free Trade Association — as used by Norway. EFTA president Carl Baudenbacher says it would allow Britain to trade freely while ditching the hated ECJ. It’s not often that Europe offers us a decent deal. We should take him up on it.”

Dominic Raab: “As a voluntary matter of practice, totally within our control, of course the UK will keep half an eye on what the EU does.”

Dan Hannan: “The objection to the ECJ is that it overrides national laws and rules with direct applicability. No objection to an arbitration mechanism. Immense difference between a court having direct jurisdiction in the U.K. and paying regard to overseas judgments (which we always do).”

Hugh Bennett, BrexitCentral: “The EFTA model is interesting because it certainly is different in the way it operates from the ECJ. There isn’t this principle of direct effect on UK law which is obviously a big issue with the ECJ. It’s not politically motivated in the same way the ECJ is.”

Bill Cash might be a fan but some Tory MPs are against the EFTA model. As always the Mogg is being difficult for the government:

Jacob Rees-Mogg: “One of the rulings of the EFTA court is that it wishes to be as close as possible to the European Court of Justice because it believes that there should be homogeneity. It doesn’t diverge from the European Court of Justice in normal circumstances.”

Naturally Remain newspapers and Kippers are calling the EFTA court model a climbdown but most Tory Brexiteers always knew there would be some form of international arbitration system. Let’s see what the government proposes today, but expect other prominent Brexiteers to come out in favour…




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