Dispute resolution after Brexit

Author (Person)
Publication Date 06/10/2017
Content Type

The Institute for Government is an independent charity in the United Kingdom working to increase government effectiveness.

It works with all the main political parties at Westminster and with senior civil servants in Whitehall. It provides evidence based advice that draws on best practice from around the world.

The Institute for Government is a registered charity in England and Wales (Registered Charity No.1123926).

The charitable objectives of the Institute are:

+ The advancement of education in the art and science of government in the UK for the benefit of the public and on a non-party political basis;
+ The promotion of efficient public administration of government and public service in the UK by providing programmes of education, training, research and study for the public benefit and on a non-party political basis.
The role of the European Court of Justice (ECJ) after Brexit has emerged as one of the flashpoints of negotiations between the United Kingdom and the European Union. Given the Government’s stated objective to end the direct jurisdiction of the ECJ after Brexit, this paper looks at a range of options for new means of dispute resolution to replace it, including other courts, arbitration mechanisms and committees.

This builds on Brexit and the European Court of Justice, a paper of June 2017 that considered how Parliament should handle the European Court in the EU (Withdrawal) Bill.

The author argued that the UK Government must either back the European Free Trade Association (EFTA) Court model or bring forward proposals for an inventive and untested new dispute resolution system for the withdrawal agreement. She cautions against giving in to current EU demands to give the European Court of Justice (ECJ) the final say over the withdrawal agreement, as it will not be neutral in disputes between the UK and the EU.

The report also warned, however, that if the Government tried to insulate the UK from any ECJ influence it could end up with no deal. Any dispute resolution system that challenged the ECJ’s role as final arbiter of EU law would be difficult to negotiate and would likely be struck down by the court.

Source Link https://www.instituteforgovernment.org.uk/publications/dispute-resolution-after-brexit
Related Links
EuroppBlog 31.08.17: Could the UK use the EFTA Court to resolve disputes following Brexit? (+ further sources) http://www.europeansources.info/record/could-the-uk-use-the-efta-court-to-resolve-disputes-following-brexit/
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

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