Brexit questions in national and EU courts

Author (Corporate)
Series Title
Series Details No.8415 (10.10.18)
Publication Date 10/10/2018
Content Type

It was predicted that Brexit issues would give rise to many legal actions in UK and other Member States' courts, and the Court of Justice of the EU. While there had not yet been a great many, several cases had been brought by UK citizens living in other EU Member States, while other cases have been interesting for their implications for the UK's future relations with the EU. This paper looked at issues that had been the subject of legal action in UK and EU courts.

+ Questions about the Brexit process

- the exclusion of long-term expatriates from voting in the EU referendum
- electoral irregularities in the referendum campaign
- the UK Parliament’s role in triggering Article 50 TEU (the Miller case)
- the legality of the European Commission’s ban on Brexit discussions with the UK before the triggering of Article 50 TEU
- the legality of the Brexit negotiations
- the revocability of Article 50 TEU

+ Other matters

- EU citizenship rights
- the extradition of convicted criminals to the UK under European Arrest Warrants
- EU trademark protection
- dispute settlement mechanisms and the autonomy of EU law

+ Funding of campaigns
Several of the challenges have been crowdfunded, mostly coordinated by the ‘Good Law Project’ and led by Jolyon Maugham QC.

Source Link
Related Links
ESO: In Focus: Brexit - The United Kingdom and the European Union
Good Law Project

Subject Categories
Countries / Regions ,