Since the June 2016 referendum result in favour of leaving the European Union, questions have arisen regarding the role of courts in the process of exiting the EU, as well as their future role once the United Kingdom leaves. The question of whether the UK Government could notify the Council of the European Union of its intention to leave the Union was decided by the Supreme Court in R (Miller) v Secretary of State for Exiting the European Union.
Legal questions relating to Brexit have also come before the Court of Justice of the European Union (CJEU). In a reference from the Court of Session, Case C-621/18 Wightman and Others, the CJEU found that the UK’s Article 50 TEU notification could be revoked. There are also related questions about the role of the courts once the UK has left the EU. Under the EU-UK Withdrawal Agreement, the CJEU will continue to have a role in deciding disputes during the transition period. The Withdrawal Agreement also provides for an independent arbitration panel and compulsory references to the CJEU. This presentation examines the role of dispute settlement in the Brexit process. How can a dispute settlement system be designed that respects the UK’s ‘red lines’ and also respects the autonomy of the EU legal order? Are existing dispute settlement bodies appropriate, or should new mechanisms be developed to deal with the unique challenges associated with an Member State leaving the EU? It discusses the possibility of setting up a standing international tribunal to resolve disputes arising from Brexit.
Jed Odermatt is a Lecturer at the City Law School, City, University of London and a member of the Institute for the Study of European Law (ISEL) and the International Law and Affairs Group (ILAG). His research focuses on the interaction between public international law and EU law, EU external relations law, and the law of international organizations. His current research also deals with the public international law issues associated with Brexit. His article, How to Resolve Disputes Arising from Brexit: Comparing International Models was recently published in the International Organizations Law Review.
Gareth Davies, Professor of European Law at the Vrije Universiteit Amsterdam, will act as a discussant. His research concentrates foremost on European economic integration in order to analyse the division of powers between the EU and its Member States. Before moving to the VU he was a University Lecturer at the University of Groningen. In 2006 he was a fellow at New York University Law School, and in 2014 at the European University Institute. Davies also teaches at the Amsterdam University College. He edited, with Matej Avbelj Research Handbook of Legal Pluralism and EU Law (2018, Edward Elgar).
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Roeterseiland campus, Room REC- A2.15