Dispute Resolution after Brexit

<p>When setting out her priorities for the Brexit negotiations in a speech at Lancaster House in January, Theresa May promised to ‘bring an end to the jurisdiction of the European Court of Justice in Britain.’  This forcefully formulated ‘red line’ turned into a headache for the British negoti...

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Bibliographic Details
Main Author: Tobias Lock
Format: Article
Language:deu
Published: Max Steinbeis Verfassungsblog GmbH
Series:Verfassungsblog
Subjects:
Online Access:https://verfassungsblog.de/dispute-resolution-after-brexit/
Description
Summary:<p>When setting out her priorities for the Brexit negotiations in a speech at Lancaster House in January, Theresa May promised to ‘bring an end to the jurisdiction of the European Court of Justice in Britain.’  This forcefully formulated ‘red line’ turned into a headache for the British negotiators as it was both somewhat misconceived – the ECJ’s preliminary reference procedure hardly results in jurisdiction ‘in Britain’ – and overly categorical ignoring both the likely content of the UK-EU withdrawal agreement and the shape of the future UK-EU relationship envisaged by her own government as a ‘new, deep and special partnership.’ Today’s paper on ‘enforcement and dispute resolution’ should therefore be welcomed as injecting a portion of realism and pragmatism in the debate over the ECJ.</p>
ISSN:2366-7044