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Brexit deal bombshell as small print shows EU judges’ orders WILL be enforceable in UK

EU judges’ orders will be enforceable in the UK in relation to the bloc’s programmes and activities, such as Horizon, it has emerged in the Brexit deal.

PUBLISHED: 09:06, Sun, Dec 27, 2020 |


Britain and the EU have reached a post-Brexit trade deal after months of intense negotiations. On Thursday afternoon, a statement from Downing Street announced “the deal is done” – swiftly followed by a confirmation from Brussels. Speaking shortly after the announcement, Prime Minister Boris Johnson said the agreement was a “good deal” for the “whole of Europe” – one that signified “a new stability and a new certainty in what has sometimes been a fractious and difficult relationship”.

He added: “We’ve taken back control of our laws and our destiny. From January 1, we are outside the customs union and outside the single market. British laws will be made solely by the British Parliament, interpreted by the UK judges sitting in UK courts and the jurisdiction of the European Court of Justice will come to an end.”


Mr Johnson also said the UK had achieved a “Canada-style” trade deal worth £660 billion and addressed the agreement on fisheries, a major issue during the negotiations, saying that the UK had taken back “full control” of its waters.

The most crucial victory, though, appears to be taking back control from the European Court of Justice (ECJ).


The UK was adamant it would no longer be under the jurisdiction of the ECJ but the EU wanted to keep this in place to ensure it could ask for sanctions against Britain if it felt London was undercutting European consumers and businesses.

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Brexit fury as EU judges’ orders to be enforceable in UK in relation to bloc’s programmes (Image: GETTY)

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Prime Minister Boris Johnson (Image: PA)

The UK appears to have got its way, with the deal planning for “binding enforcement and dispute settlement mechanisms”.

As usual, though, the devil is in the detail and in the full text of the trade agreement published on Saturday morning, it does seem the UK also compromised on this matter.

EU judges’ orders will still be enforceable in the UK, in relation to the bloc’s programmes, such as Horizon.

The Brexit deal says: “Decisions adopted by the European Commission imposing a pecuniary obligation on legal or natural persons other than States in relation to any claims stemming from Union programmes, activities, actions or projects shall be enforceable in the United Kingdom.

“The order for its enforcement shall be appended to the decision, without any other formality than a verification of the authenticity of the decision by the national authority designated for this purpose by the United Kingdom.

“The United Kingdom shall make known its designated national authority to the Commission and the Court of Justice of the European Union. In accordance with Article UNPRO.5.1 [Communication and exchange of informationThatcher’s brutal analysis of ‘politburo’ EU proves why Britain left 

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President of the European Commission Ursula von der Leyen (Image: PA)

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European Court of Justice (Image: GETTY)

“The enforcement of those decisions shall take place in accordance with United Kingdom law.

“Judgments and orders of the Court of Justice of the European Union delivered in application of an arbitration clause contained in a contract or agreement in relation to Union programmes, activities or parts thereof under Protocol I shall be enforceable in the United Kingdom in the same manner as European Commission decisions, as referred to in paragraph 1 of this Article.”

BBC Economics editor Faisal Islam still considers it a victory but noted that it might set a precedent for future involvement in wider EU schemes.

He wrote on Twitter: “Government argues that the tribunals are not connected to the ECJ, showing the win on sovereignty… Only one reference in the entire text to ECJ on governance is in relation to UK access to EU programmes, where ECJ arbitration judgements and orders will be enforceable in the UK.

“That seems a very limited pathway for ongoing ECJ influence, connected to clearly EU schemes – but might it set a precedent for future involvement in wider EU schemes and agencies.”




Horizon 2020 is the financial instrument implementing the Innovation Union – a Europe 2020 flagship initiative aimed at securing Europe’s global competitiveness.

Seen as a means to drive economic growth and create jobs, Horizon 2020 has the political backing of Europe’s leaders and the Members of the European Parliament.

They agreed that research is an investment in our future and so put it at the heart of the EU’s blueprint for smart, sustainable and inclusive growth and jobs.

The UK will continue to have a role in four other EU programmes, namely the Euratom nuclear research programme, the ITER project to build the world’s first functioning nuclear fusion system, the earth monitoring project Copernicus, and EU satellite surveillance and tracking services.

In the absence of defence cooperation, the UK will not have access to Galileo encrypted military data.

But Britain will be outside a host of other programmes, including the massive regional development and agriculture schemes. Brussels confirmed the country will also be excluded from “sensitive, high-security projects or contracts”.

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