A Knot Not to Be Cut? The Legacy of Brexit over the CJEU

Marta Simoncini and Giuseppe Martinico
Additional contact information
Marta Simoncini: Department of Political Sciences, Luiss University, Italy
Giuseppe Martinico: DIRPOLIS, Sant’Anna School of Advanced Studies, Italy

Politics and Governance, 2021, vol. 9, issue 1, 27-36

Abstract: What was the role of the Court of Justice of the European Union (CJEU) in the Brexit saga? And what will the impact of Brexit be over the future structure and activity of the CJEU? This article deals with this twofold question and explores three different issues. Firstly, we will offer a reflection on the questions and the risks raised by the Wightman case, where the CJEU ruled on the unilateral revocation of the UK notification of its intention to withdraw from the European Union under Art. 50 Treaty of the EU. Secondly, we will analyse the impact of Brexit on the composition of the CJEU and, particularly, the risks for the independence of the Court raised by the advanced termination of the mandate of the British Advocate General. Thirdly, we will provide some insights on the scope of the jurisdiction of the CJEU in the post-Brexit Union, emphasising how the Withdrawal Agreement maintained its jurisdiction during and even beyond the transition period. This article reflects the events that took place up to 6 October 2020.

Keywords: Advocate General; Brexit; Court of Justice of the European Union; EU law; interpretation; post-Brexit EU (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.cogitatiopress.com/politicsandgovernance/article/view/3660 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cog:poango:v9:y:2021:i:1:p:27-36

DOI: 10.17645/pag.v9i1.3660

Access Statistics for this article

Politics and Governance is currently edited by Carolina Correia

More articles in Politics and Governance from Cogitatio Press
Bibliographic data for series maintained by António Vieira () and IT Department ().