The European Free Trade Association Court could offer an alternative to the European Court of Justice—one that Brexiteers might just acceptby Alex Dean / October 15, 2017 / Leave a comment
One of the most pressing Brexit challenges facing the UK government—and there are plenty of them at the moment—concerns the future role of the European Court of Justice, the supreme tribunal of EU law across the Union as a whole (and top court in the confusingly-named Court of Justice of the European Union.) Despite recent announcements intended to clear things up the government remains in a downright mess over the ECJ.
The problem is that Brexit Britain will still need a dispute resolution mechanism with the EU. We could accept ECJ jurisdiction as we do now—but Eurosceptics want nothing to do with the Luxembourg court. For those fixated on indivisible sovereignty this is the reddest of red lines. The PM conceded this week that the ECJ could arbitrate during the transition period, but even if she can convince her rowdier backbenchers to back temporary membership, there’s little chance she’d even attempt to convince them to stick with it long-term. The Brexit vote is interpreted as Britain voting to reclaim control over its own laws.