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The role of the ECJ after Brexit

View profile for Liz O'Mahony
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The word “Brexit” will likely dominate conversations in the UK for many years, after the recent resignations of Boris Johnson and David Davis, Brexit has become an area of further uncertainty and anxiousness. Yet, it appears the customs union (single market) and the free movement of people are the issues which have taken the forefront of the agenda. An issue which many people are not aware of is the role in which the European Court of Justice (ECJ) and EU case law will have after Brexit.

The current position of the government is outlined in S.6 of the European Union (Withdrawal) Act 2018 which states that after we leave the EU, no court nor tribunal shall be bound by the decisions of the ECJ. Theresa May made the position clearer in her speech to the House of Commons stating the ECJ will not have any legal jurisdiction or judicial functions within the UK after the withdrawal date. However, Michel Barnier has previously said an agreement on governance and the role of the Court of Justice must be made. In an article by Hans von der Burchard he suggested the EU would require any agreement to include a provision requiring the ECJ to provide permanent judicial oversight.

Therefore, it is interesting to see what conclusions will be reached from the negotiations regarding the ECJ. Will its role be completely severed or remain on a short limb?

Written by work experience student: Alec M