Exactly. We know they don´t rule fairly, because if they did nothing would have ever escalated to EU courts where the UK lost. Which is fine as long you are under EU jurisdiction and EU courts therefore are able to correct the UK courts errors.
Everything is very one-sided with you, isn't it? German courts have had their "errors" corrected by EU courts as well.
Post-Brexit, EU courts will have no say in the UK. In the UK, the UK Supreme Court will be the final adjudicator of UK law (accepting ECHR might be involved in a Human Rights issue). Seriously, you're making a huge issue out of nothing. The ECJ will have no say in UK matters post-Brexit. Time to accept it and move on.
and if the UK parliament passes a law in violation of the Brexit treaty
It's unlikely given that the rights of UK ex-pats remaining in the EU will be covered by the same treaty. Quid pro quo.
Haha, fair enough. I don't think it's the implementation of the law that's going to be the problem, but rather the possibility of laws changing over time, under the guise of sovereignty, that may violate terms of the agreement. Take families for example. They may be allowed by the law under the terms of agreement in 2019, but could theoretically be gone by 2023 if it's politically expedient for UK political parties to do so (net immigration number promises plus economic requirements for high skilled labour would make this category of immigrants a prime target). Similarly, there could be an issue with eligibility for benefits down the line, with Parliament deciding it's too expensive.
As above, I believe the threat of such a change is very low because the treaty that governs the rights of EU citizens living in the UK post-Brexit would also apply reciprocally to UK citizens living in the EU post-Brexit. Both sides have a vested interest in maintaining the status quo.
After the Gina Miller case, it wouldn't surprise me in the least if some of the top legal minds actively avoid getting tangled up in these issues and being seen to be against "the people's will".
I don't believe that will happen. Yes, there were some horrible responses to the case she brought including ludicrous headlines in the right-wing rags like the Daily Mail. However, I would point out that successful prosecutions have been brought against people abusing her, including a member of the aristocracy who is now enjoying some quality time behind bars. https://www.theguardian.com/uk-news/201 ... ina-miller
I agree there will be a time frame given which will provide certainty for citizens on both sides, however, one would hope that by the expiration date, citizens on both sides would have made the final decision on their future versus depending on the legislators on both sides to act again.
We'll have to see what the final agreement is.
Time flies like an arrow. Fruit flies like a banana!
There are 10 types of people in the World - those that understand binary and those that don't.