Generation Brexit

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

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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
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l.430
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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

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

Let's just legislate for a new relationship but why bother creating a whole new court? Seems like a lot of extra work to just create the same thing over again.

Alice Stewart
by Alice Stewart
3 Votes
Comments 0
Alice Stewart
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