Tag: European Court of Justice

Brexit and the Role of the European Parliament

Darren Harvey LERU Brexit Seminar The purpose of this piece is to update my recent article in the European Law Review on the role of the European Parliament during the Article 50 TEU process. At the time when the paper was originally accepted for publication, formal notification of the UK’s decision to withdraw from the …

Brexit and the Impact on Rights in the EU

Tobias Lock LERU Brexit Seminar What consequences will Brexit have for rights in the European Union? While there has been some discussion on the consequences of Brexit for rights protection in the UK, the potential impact of the UK’s withdrawal for rights protection in the rest of the EU has hardly been touched upon. One …

Dispute Resolution after Brexit

Prime Minister Theresa May’s Brexit ‘red line’ on a role for the European Court of Justice has been a major source of complication in the early stages of the negotiations, writes Tobias Lock. Analysing the recent UK government negotiating paper on dispute resolution, he argues that its shift in emphasis from no ECJ jurisdiction to …

A Role for the ECJ after Brexit?

Although the UK government’s position is to end the jurisdiction of the European Court of Justice internally after Brexit, the EU is likely to expect the ECJ to be involved in UK-EU relations in some form, writes Tobias Lock. He argues that, while the shape of that involvement will depend on eventual Brexit arrangements, the …

The European Legal Order: Beyond Inter-State Retaliation

The power and position of the European Court of Justice today is often attributed to its landmark rulings establishing the primacy and direct effect of EU law, writes William Phelan. He argues, however, that its ban on inter-state retaliation between Member States was equally important, empowering national courts to enforce EU law and creating trade …