Generation Brexit

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

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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

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

A court that is representative of both the EU and UK (including people who believe in the exit from the EU) would be the fairest way to settle any disputes. It means that there is a non-bias among the court itself, and allows the settling of disputes to be independent. Leaving it to politicians will only lead to the risk of career politicians making decisions that they believe will benefit them personally. 

Ellie Couchman
by Ellie Couchman
9 Votes
Comments 1
Ellie Couchman
Idea thumbnail

Creating a new arbitration body to break the impasse over whose courts should protect EU nationals after Brexit, or oversee the Brexit bill agreements, may be the best option at this stage. This is needed because disagreements between the UK and EU Commission over  whether the ECJ should be the arbiter of any future disputes over citizens' rights, and should have any jurisdiction in the UK post-Brexit, may simply end up delaying the negotiations. What does everyone else think? Do you...

Marta Kochetkova
by Marta Kochetkova
10 Votes
Comments 3
Marta Kochetkova

I don't want courts getting involved in what is a matter for democracies and their elected representatives. If the arrangement is a customs union deal, then let's be honest, we aren't going to get away from the EU court and its oversight. Beyond getting us a good deal, politicians should be honest about this. When Philip Hammond says preferential customs arrangement without European courts being involved, he is not being straight with us.

Fred Cullen
by Fred Cullen
6 Votes
Comments 2
Fred Cullen
Idea thumbnail

Brexit was suppose to be about having more control over our own decisions, so why should  a European court make decisions for us after Brexit? Even if British judges are appointed to a European court, they will always be outnumbered by European judges. UK courts should make decisions about Brexit cases that affect us, like the High Court did in December re the role of the UK Parliament in trigerring article 50.  I have friends & family who voted leave and I can imagine how they would...

Rebecca W
by Rebecca W
6 Votes
Comments 5
Rebecca W

June 23, 2016 is a date that will remain in history books: for the first time, a state of the European Union has decided to leave the supranational organization, marking a strong setback in the European integration process that was proceeding since the signing of the Treaty of Rome in 1957. As an integral part of the European Union, I believe that the Court of Justice is, for now, the best referee between the two teams. Even though half of the laws in force in Britain have been approved...

Tommaso Ruocco
by Tommaso Ruocco
7 Votes
Comments 2
Tommaso Ruocco
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