The Role of the Court of Justice of the European Union

Since the 2016 referendum on EU membership in the United Kingdom there had been many references in debate to the Court of Justice of the European Union (hereafter, the Court). The Prime Minister had made excluding the UK from the jurisdiction of the Court one of her principle aims in the Brexit process. Yet it was not clear that the role and work of the Court, let alone its impact on the UK, was widely understood. Indeed, commentators still occasionally confused it with the wholly separate European Court of Human Rights, which was part of the Council of Europe and not part of the EU.

This briefing explained why the Court was necessary to the EU, how it worked day-to-day and the impact of its decisions on the UK and other EU Member States during the 45 years of our membership.

This Briefing made reference to other methods of dispute resolution in the context of Brexit. It was complementary to an existing SEE paper on the Court which gave further information on its methods of work.

• Primary Source

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

ESO: Find more information in ESO on Brexit and the European Court of Justice http://www.europeansources.info/advSearchLink?keyword=Brexit%20after%20european%20court%20justice%20&searchOption=all

EU Law Analysis, 09.03.18: Dispute settlement and the ECJ in the draft withdrawal agreement http://www.europeansources.info/record/dispute-settlement-and-the-ecj-in-the-draft-withdrawal-agreement/

Chatham House: Expert Comment, 31.01.18: EFTA Court Could Answer Post-Brexit Judicial Quandry http://www.europeansources.info/record/efta-court-could-answer-post-brexit-judicial-quandry/

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