Brexit, dispute resolution and the European Court of Justice

Published: July 25, 2017, 8:54 a.m.

We will “take back control of our laws” after Brexit. But who will interpret, apply and enforce them? The role of the European Court of Justice (ECJ) is already emerging as one of the most explosive elements of the Brexit process. The Prime Minister says its jurisdiction in Britain will end, but could the court still have some role in UK law? Will it be responsible for resolving future disputes about Britain’s “divorce bill” and citizens’ rights, as the EU demands? Are other forms of dispute resolution possible? At the event, Raphael Hogarth, Research Associate at the Institute for Government, presented the key findings from the Institute for Government’s research on Brexit, dispute resolution and the ECJ. To discuss the findings, our panel included: Michael-James Clifton, Chief of Staff to the President of the Court of Justice of the European Free Trade Association Dr Holger Hestermeyer, Shell Reader in International Dispute Resolution at King’s College London Professor Catherine Barnard, Professor of European Union Law at the University of Cambridge This event was chaired by Jill Rutter, Programme Director at the Institute for Government.