Thanks Woosh / Kudos, corrected.
http://www.pedelecs.co.uk/forum/threads/brexit-for-once-some-facts.24369/page-958#post-393018
Danidl the question Kudos posed was post Brexit when the UK becomes a Third Country as defined by the EU.
ECJ rulings will no longer apply as is the case in all other Third Countries, any rights will be determined by UK law, unless the UK government decides otherwise, part of taking back control.
Your argument has no legs, but if it did and the EU/UK conceded reciprocal ECJ / UK rulings within the citizens place of residence, using your argument the UK citizens will be allowed to use throttles on their ebikes within the EU as to do otherwise would be a denial of their UK rights.
http://www.pedelecs.co.uk/forum/threads/brexit-for-once-some-facts.24369/page-958#post-393062
Noted, but how about an answer to the question.
. My previous answer to the question you , not Kudos, posed, illustrated the dilemma that the UK EU negotiators will face when they actually negotiate.
There is an established principle of " when in Rome, do as the Romans do.." and this has served well.
Eg in certain countries what we define as children can be married off or multiple wives etc are allowed by law, or drive on the right hand side of the road Where citizens of these countries to come to the EU including UK, they would be expected to abide by the rules of the country where they are, not where they came from. They are not allowed claim multiple spouse allowances , or engage in statutory rape etc.
The EU has always operated the principal of subsidiarity, where local laws and customs, take precedence unless in direct violation of a binding directive. The case in NI of no exemption for ebikes below 250w, being a case in point, and it would be illegal for me to drive my perfectly legal ebike, 15 miles north of my permanent residence. That would be a similar case to your throttle point. Had the UK requested and negotiated a derogation, they would be entitled to use throttle controls in the UK.... But not in Rome.
The problem with your initial posting was in using the word . "control " Instead of precedence. The EU does not have a police force and bailiffs to enforce control. The ECJ does not seek to control the UK. By agreeing in a number of treaties, the UK accepted that the ECJ would have primary place or precedence in certain matters . One of those matters is the personal rights of EU citizens. The UK wants to change the relationship, and that creates the dilemma. It is now incumbent on the UK to demonstrate how they will vindicate those rights of EU citizens, when they are the sole authority. There are any of a variety of means open to them, including a special declaration at the UN.
