Court of Justice of the EU and Post-Brexit UK: Unfinished Divorce?

Abstract

This article analyses gradual detachment of the United Kingdom from the Court of Justice of the European Union (CJEU), triggered by Brexit. It maps changing procedural rules for EU law enforcement, annulment of EU legal acts, and preliminary references to the CJEU during several phases of the Brexit process.

In particular, the article focuses on judicial interventions into negotiations on the UK Withdrawal agreement and during the transition period. The article also deals with special legal regime for Norther Ireland and dispute on post-Brexit participation of the British advocate general in the work of the CJEU.

Keywords

• Brexit
• European Union
• dispute-settlement
• judiciary
• Court of Justice of the EU
• preliminary question
• infringement.