LONDON: Britain’s most senior judge has said the government needs to spell out how British courts should interpret rulings from the European Court of Justice after Brexit.
Currently Britain must abide by ECJ judgments but Prime Minister Theresa May’s government has said that Britain will leave its jurisdiction after Brexit.
Britain has begun the long and complicated process of disentangling UK legislation from more than 40 years of EU lawmaking, however the government has said the British courts might still take note of ECJ rulings after the country has left the bloc.
“If the United Kingdom parliament says we should take into account decisions of the ECJ then we will do so, if it says we shouldn’t then we won’t, and basically we will do what the statute says,” David Neuberger, President of the UK’s Supreme Court, told the BBC in an interview aired on Tuesday.
“If it doesn’t express clearly what the judges should do about decisions of the European Court of Justice, then the judges will simply have to do their best. But to blame the judges for, as it were, making the law when parliament has failed to do so would be unfair.”
Deciding the scope of ECJ is set to be one of the main sticking points in divorce talks, such as whether the three million EU nationals living in Britain should be able to seek recourse to the European court after Brexit.
Brexit supporters say the ECJ should have no say at all over British matters and that the vote to leave the EU was partly about restoring legislative sovereignty.
However, former British Attorney General Dominic Grieve, a vocal Brexit opponent, said Neuberger was right.
“The legislation for withdrawing us from the EU ... leaves very unclear what the relationship subsequently between European Court of Justice decisions and jurisprudence and our own courts should be,” he told BBC radio.
“We’re incorporating large amounts of European law into our own law to ensure continuity but how is that to be interpreted thereafter?“
A government spokeswoman said ministers had been clear that the direct jurisdiction of the ECJ must come to an end.
“However, we want to provide maximum certainty so the Repeal Bill will ensure that for future cases, UK courts continue to interpret EU-derived law using the ECJ’s case law, as it exists on the day we leave the EU,” she said.
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UK’s top judge says government must provide legal clarity on Brexit
UK’s top judge says government must provide legal clarity on Brexit
Palestinian protester, detained for nearly a year, says ‘inhumane’ jail conditions prompted seizure
A Palestinian woman who has been held in an immigration jail for nearly a year after she attended a protest in New York City said she suffered a seizure after fainting and hitting her head last week, an episode she linked to “filthy” and “inhumane” conditions inside the privately run detention facility.
Leqaa Kordia, 33, was hospitalized for three days following the seizure, which she said was the first of her life. She has since returned to the Prairieland Detention Facility in Texas, where she has been held since March.
In a statement released through her lawyers on Thursday, Kordia said she was shackled the entire time she was hospitalized and prevented from calling family or meeting with her lawyers.
“For three days in the emergency room, my hands and legs were weighed down by heavy chains as they drew my blood and gave me medications,” Kordia said. “I felt like an animal. My hands are still full of marks from the heavy metal.”
Her doctors, she said, told her the seizure may have been the result of poor sleep, inadequate nutrition and stress. Her lawyers previously warned that Kordia, a devout Muslim, had lost 49 pounds (22 kilograms) and fainted in the shower, in part because the jail had denied her meals that comply with religious requirements.
“I’ve been here for 11 months, and the food is so bad it makes me sick,” the statement continued. “At Prairieland, your daily life — whether you can have access to the food or medicine you need or even a good night’s sleep — is controlled by the private, for-profit business that runs this facility.”
Department of Homeland Security spokesperson Tricia McLaughlin didn’t immediately respond to a request for comment from The Associated Press, but said in a statement to The New York Times that Kordia wasn’t being mistreated and was receiving proper medical care.
A resident of New Jersey who grew up in the West Bank, Kordia was among around 100 people arrested outside Columbia University during protests at the school in 2024.
The charges against her were dismissed and sealed. But information about her arrest was later given to the Trump administration by the New York City police department, which said it was told the records were needed as part of a money laundering investigation.
Last year, Kordia was among the first pro-Palestinian protesters arrested in the Trump administration’s crackdown on noncitizens who had criticized Israel’s military actions in Gaza. She is the only one who remains jailed.
She has not been accused of a crime and has twice been ordered released on bond by an immigration judge. The government has challenged both rulings, an unusual step in cases that don’t involve serious crimes, which triggers a lengthy appeals process.
Kordia was taken into custody during a March 13 check-in with US Immigrations and Customs Enforcement. At the time, federal officials touted her arrest as part of the sweeping crackdown on pro-Palestinian campus activists, pointing to her 2024 arrest outside of Columbia as proof of “pro-Hamas” activities.
Kordia said she joined the demonstration after Israel killed scores of her relatives in Gaza, where she maintains deep personal ties. “My way of helping my family and my people was to go to the streets,” she told The Associated Press in October.
Federal officials have accused Kordia of overstaying her visa, while casting scrutiny on payments she sent to relatives in the Middle East. Kordia said the money was meant to help family members whose homes were destroyed in the war or were otherwise suffering.
An immigration judge later found “overwhelming evidence” that Kordia was telling the truth about the payments. Attorneys for Kordia say she was previously in the US on a student visa, but mistakenly surrendered that status after applying to remain in the country as the relative of a US citizen.
In her statement on Thursday, Kordia said the detention facility was “built to break people and destroy their health and hope.”
“The best medicine for me and everyone else here is our freedom,” she added.
Leqaa Kordia, 33, was hospitalized for three days following the seizure, which she said was the first of her life. She has since returned to the Prairieland Detention Facility in Texas, where she has been held since March.
In a statement released through her lawyers on Thursday, Kordia said she was shackled the entire time she was hospitalized and prevented from calling family or meeting with her lawyers.
“For three days in the emergency room, my hands and legs were weighed down by heavy chains as they drew my blood and gave me medications,” Kordia said. “I felt like an animal. My hands are still full of marks from the heavy metal.”
Her doctors, she said, told her the seizure may have been the result of poor sleep, inadequate nutrition and stress. Her lawyers previously warned that Kordia, a devout Muslim, had lost 49 pounds (22 kilograms) and fainted in the shower, in part because the jail had denied her meals that comply with religious requirements.
“I’ve been here for 11 months, and the food is so bad it makes me sick,” the statement continued. “At Prairieland, your daily life — whether you can have access to the food or medicine you need or even a good night’s sleep — is controlled by the private, for-profit business that runs this facility.”
Department of Homeland Security spokesperson Tricia McLaughlin didn’t immediately respond to a request for comment from The Associated Press, but said in a statement to The New York Times that Kordia wasn’t being mistreated and was receiving proper medical care.
A resident of New Jersey who grew up in the West Bank, Kordia was among around 100 people arrested outside Columbia University during protests at the school in 2024.
The charges against her were dismissed and sealed. But information about her arrest was later given to the Trump administration by the New York City police department, which said it was told the records were needed as part of a money laundering investigation.
Last year, Kordia was among the first pro-Palestinian protesters arrested in the Trump administration’s crackdown on noncitizens who had criticized Israel’s military actions in Gaza. She is the only one who remains jailed.
She has not been accused of a crime and has twice been ordered released on bond by an immigration judge. The government has challenged both rulings, an unusual step in cases that don’t involve serious crimes, which triggers a lengthy appeals process.
Kordia was taken into custody during a March 13 check-in with US Immigrations and Customs Enforcement. At the time, federal officials touted her arrest as part of the sweeping crackdown on pro-Palestinian campus activists, pointing to her 2024 arrest outside of Columbia as proof of “pro-Hamas” activities.
Kordia said she joined the demonstration after Israel killed scores of her relatives in Gaza, where she maintains deep personal ties. “My way of helping my family and my people was to go to the streets,” she told The Associated Press in October.
Federal officials have accused Kordia of overstaying her visa, while casting scrutiny on payments she sent to relatives in the Middle East. Kordia said the money was meant to help family members whose homes were destroyed in the war or were otherwise suffering.
An immigration judge later found “overwhelming evidence” that Kordia was telling the truth about the payments. Attorneys for Kordia say she was previously in the US on a student visa, but mistakenly surrendered that status after applying to remain in the country as the relative of a US citizen.
In her statement on Thursday, Kordia said the detention facility was “built to break people and destroy their health and hope.”
“The best medicine for me and everyone else here is our freedom,” she added.
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