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School of Law

Sam Fowles pens 'Brexit Britain’s feud with European courts: this is not taking back control' for The Conversation


Sam Fowles, Postgraduate Research Student at Queen Mary University of London (QMUL), writes for The Conversation about the new mechanisms the UK will need to settle EU disputes after Brexit. Currently the Court of Justice of the EU (CJEU) interprets EU law for individuals, EU institutions, and member states. The government’s best proposal is some form of loose association with the CJEU. This manages to offer all thedisadvantages of membership of the court but with fewer benefits. By moving away from the court, the UK will no longer be able to appoint judges or advocates general (who submit legal arguments to high levels of scrutiny), British citizens will no longer be able to access the court. Yet all forms of association proposed by the government would involve the UK being bound, in some way, by the courts decisions. The UK will thus be committed to rules we have no say in making,” writes Fowles.



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