Generation Brexit

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When a country joins the EU, it agrees to respect EU law. The Court of Justice of the EU is like a referee: it makes sure all members respect EU rules.

When a country leaves, who is the referee?


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Who should settle disputes relating to the EU/UK divorce?

Who should settle disputes after the EU/UK divorce? National courts? European courts? A special court?

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  1. Rebecca W
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In order to answer the question of who should settle disputes post-Brexit, it is pivotal to examine the current power dynamics between the judiciary and Parliament.  In the UK, ‘EU law is a function of, rather than a challenge to, the sovereignty of Parliament’.7 Contrarily, Wade argues that the decision of Factortame (No.2)[1991], ‘in which, EU law was accorded priority over an incompatible Act of Parliament’, marked the end of UK parliamentary sovereignty.8 However, in a latter...

l.430
by l.430
2 Votes
Comments 0
l.430
by
l.430

After leaving the jurisdiction of the European Courts of Justice, the best idea is that the  UK's Supreme Court, under the presidency of Baroness Hale, should settle disputes after the EU/UK divorce.  This is particularly so if the UK decides to opt for a 'hard Brexit' - leaving the single market, or even the customs union, and when combined with the European Union Withdrawal Bill, will enable the UK to gain more control over its legal structure, not being subject to EU Law.   Being...

Zeyd Anwar
by Zeyd Anwar
3 Votes
Comments 0
Zeyd Anwar
Idea thumbnail

UK & EU countries will still share a common court after Brexit - the World Court of Justice at The Hague. How about asking the World Court to act as the Brexit referee?  

Rebecca W
by Rebecca W
8 Votes
Comments 1
Rebecca W
Idea thumbnail

The UK has so far refused to accept that the European Court of Justice should have any power in Britain after leaving the EU. Although this has been important for the UK government, the latest news claim European judges could have influence during the negotiation talks. So far, it’s unclear if this will continue after 2019, as part of a transition period, but this definitely sounds like a softer approach than the one that was presented in January. Good sign? What do you think of this?

Tollak Bowitz
by Tollak Bowitz
10 Votes
Comments 1
Tollak Bowitz

In order to have an impartial court, probably an appropriate alternative against the ECJ would be the International Court of Justice whose role is to settle legal wrangling between countries. Or actually, it seems fitting in this particular case to resort to the Permanent Court of Arbitration whose role is exactly to facilitate arbitration and resolution of disputes between countries.

Manuela Cristiano
by Manuela Cristiano
5 Votes
Comments 0
Manuela Cristiano

The European Union (Withdrawal) Bill was announced today. While questions of how this bill will progress over the months, human rights group 'Equality and Human Rights Commission' have realized the bill is an opportunity to solidify human rights law in the UK. Since the bill wishes to absolve all EU law into the UK law, and then review these laws later to see if they should stay or go, this mean EU human rights principles will become part of UK law. While these laws can be reversed later,...

Isabel Flanagan
by Isabel Flanagan
8 Votes
Comments 3
Isabel Flanagan

It seems unavoidable that the UK will have to subscribe the EU law through ECJ decisions both during and after the divorce process. The ECJ is likely to have to rule on whether the final exit treaty itself complies with EU law under Article 218.11 TFEU. The Council legal service thinks that Article 50 in itself does not authorise such a reference to the ECJ and it would be up to the ECJ to rule on the admissibility of such an action. Whilst there is political acceptance by other Member...

Janis Wong
by Janis Wong
7 Votes
Comments 3
Janis Wong

The ECJ needs to be the arbiter of disputes between the EU and UK after Brexit. An alternative to the ECJ would be only expensive and impractical as it would still require representatives of EU states and the UK, thus merely replicating what is already in place under the ECJ.    

Valeria Vigilante
by Valeria Vigilante
2 Votes
Comments 4
Valeria Vigilante

One might need a special court after the divorce to settle particular disputes that relate to both EU nationals living in the UK, and UK nationals living in the rest of the EU in order to uphold what has been agreed upon after the divorce.  It could here become useful to have a court that is impartial to the needs and wants of the EU and UK, that infringes as little as possible on British sovereignty but at the same time protects EU nationals within its territory. It is however worth...

Sofia Munoz Gonzalez
by Sofia Munoz Gonzalez
7 Votes
Comments 2
Sofia Munoz Gonzalez

In such a globalised and interconnected world Britain will still be subject to international courts. Whether its the ECJ or a new court, the UK laws will (and should) be shaped by EU laws. 

Alejandro Newsome
by Alejandro Newsome
8 Votes
Comments 4
Alejandro Newsome
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