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Political Declaration setting out the framework for the future relationship between the European Union and the United KingdomPolitical Declaration setting ou
127.
The Joint Committee should comprise the Parties' representatives at an appropriate level,
establish its own rules of procedures, reach decisions by mutual consent, and meet as often
as required to fulfil its tasks. As necessary, it could establish specialised sub-committees to
assist it in the performance of its tasks.
C. Interpretation
128.
In full respect of the autonomy of the Parties' legal orders, the Union and the United
Kingdom will seek to ensure the consistent interpretation and application of the future
relationship.
D. Dispute settlement
129.
The Parties should first make every attempt to resolve any matter concerning the operation
of the future relationship through discussion and consultation
,
including through the Joint
Committee, if necessary for formal resolution. The Agreement should include appropriate
arrangements for dispute settlement and enforcement, including provisions for expedient
problem-solving such as, in certain areas, a flexible mediation mechanism. Such a mediation
mechanism would be without prejudice to the Parties' rights and obligations or to dispute
settlement provided for under the Agreement.
130.
Unless otherwise provided, the Joint Committee may agree to refer the dispute to an
independent arbitration panel at any time, and either Party should be able to do so where the
Joint Committee has not arrived at a mutually satisfactory resolution within a defined period
of time. The decisions of the independent arbitration panel will be binding on the Parties.
131.
The Parties indicate that should a dispute raise a question of interpretation of provisions or
concepts of Union law, which may also be indicated by either Party, the arbitration panel
should refer the question to the Court of Justice of the European Union (CJEU) as the sole
arbiter of Union law, for a binding ruling as regards the interpretation of Union law.
Conversely, there should be no reference to the CJEU where a dispute does not raise such a
question.
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