On Thin Ice: the Role of the Court of Justice under the Withdrawal Agreement
Her alleged red line of bringing “an end to the jurisdiction of the Court of Justice in Britain” was always going to be a problem for Theresa May: After all, the UK’s commitment to comply with certain EU rules would inevitably mean that the ECJ’s interpretations of these rules would have to be binding on the UK. It is thus no surprise that the Withdrawal Agreement provides for the jurisdiction of the ECJ in various places. What is perhaps more of a surprise – and surely a negotiation win for the UK – is the EU’s legally problematic concession of an arbitration mechanism to resolve inter-party disputes over the interpretation of the Withdrawal Agreement.
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