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Green light for European Commission to intervene in UK domestic cases

There has been a lot to digest over the last 12 hours. It appears that Phase 1 of the talks has been concluded and that there has been substantial progress on the question of citizens’ rights, the Irish border and the UK’s liability to the EU.

I want to draw attention to one remarkable point on citizens’ rights. In the “Joint Report” of the EU and UK (dated 8 December 2017), under the heading “Consistent interpretation of the citizens’ rights Part”, the Report states:

“39. Consistent interpretation of the citizens' rights Part should further be supported and facilitated by an exchange of case law between the courts and regular judicial dialogue. In the same vein, it is envisaged to give the UK Government and the European Commission the right to intervene in relevant cases before the CJEU and before UK courts and tribunals respectively.”

In other words, the quid pro quo of allowing the UK to continue intervening in the CJEU on citizens’ rights is that the Commission will soon be able to intervene in domestic cases. This is perhaps an understandable, if not notable, development.  

The Joint Report can be found here.