Tag: European Court of Justice

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 …