Oct 16

2. In the United Kingdom, as well as in the Member States in situations in which the United Kingdom is involved, the following acts or provisions shall apply to the recognition and enforcement of judgments, judgments, authentic instruments, court settlements and agreements: international agreements to which the Union is a party and international agreements concluded by Member States on behalf of the Union; Pending the purpose of judgments and orders of the Court of Justice of the European Union in all proceedings and requests for preliminary rulings under Article 86, the United Kingdom may intervene in the same way as a Member State or in cases pending before the Court of Justice of the European Union pursuant to Article 267 TFEU, in the same way that a Member State participates in proceedings before the Court of Justice of the European Union. During that period, the Registrar of the Court of Justice of the European Union shall inform the United Kingdom simultaneously and in the same manner as the Member States of any case referred to the Court of Justice of the European Union for a preliminary ruling. Where the uniform interpretation and application of this Agreement so requires, the European Commission may, in pending cases, submit written observations to the courts of the United Kingdom concerning the interpretation of the Agreement. The European Commission may also present oral observations with the authorisation of the court concerned. The European Commission informs the United Kingdom of its intention to submit its comments before formally submitting them. STRESSING that the orderly withdrawal of the United Kingdom from the Union as regards Gibraltar entails possible negative effects on the close social and economic relations between Gibraltar and the surrounding region, in particular on the territory of the municipalities constituting the Mancomunidad de Municipios del Campo de Gibraltar in the Kingdom of Spain, parties to another Agreement between the Union and the United Kingdom under the conditions laid down in this Agreement. That is why we have the following conditions. If no agreement can be reached on the inclusion of the newly adopted act in the relevant Annex to this Protocol, examine all other possibilities for maintaining the proper functioning of this Protocol and reach all the conclusions necessary for that purpose. The “regain of control” of the law has been a key part of the Brexit affair, and the new proposal could mean that EU law will exert much less influence after leaving the European Union. But this will have a price, uncertainty and a possible weakening of the environmental protection supported by the CJEU. The Court of Justice of the European Union has played an important role in ensuring that the guarantees agreed by the Member States are effectively respected.

If national courts are free to take a different approach and choose to do so, the impact of much of our environmental law could be undermined without changing the legislation. Should they be given such control and, if so, how will they exercise it? DESIRING to lay down, on the day following the expiry of the period extended by the European Council in agreement with the United Kingdom in agreement with the United Kingdom, the appropriate arrangements for achieving the objectives of the arrangements referred to in Protocol 3 following the withdrawal of the United Kingdom, provided that before that date the depositary of this Agreement has received written notifications from the Union and the United Kingdom of the conclusion of receiving the necessary internal procedures; The communication specifies the provisions that the complainant intends to suspend. Before deciding to suspend parts of an agreement under point (b), the complainant shall first consider whether the suspension of the provision of that agreement under point (a) would be an appropriate response to the breach. .

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