It has been predicted that Brexit issues will give rise to many legal actions in UK and other Member States' courts, and the Court of Justice of the EU. While there have not yet been a great many, several cases have been brought by UK citizens living in other EU Member States, while other cases have been interesting for their implications for the UK's future relations with the EU. This paper looks at issues that have been the subject of legal action in UK and EU courts.Jump to full report >>
Since the EU referendum in June 2016, several questions have been raised in national courts in the UK and other EU Member States and before the Court of Justice of the EU (CJEU) that concern Brexit – some directly, some indirectly. Several have been about the Brexit process in the UK and under Article 50 of the Treaty on European Union (TEU); others concern, for example, the implications of Brexit for citizens’ rights, UK extradition requests and matters of EU law that could be significant for future EU-UK relations.
Several of the challenges have been crowdfunded, mostly coordinated by the ‘Good Law Project’ and led by Jolyon Maugham QC.
For the most part, the citizens’ challenges have not progressed to or been successful at the CJEU, but there have nonetheless been some significant developments in the UK and EU courts.
European Arrest Warrants
CJEU President, Professor Koen Lenaerts, believes that many more Brexit cases will come before the CJEU before and after the UK leaves the EU.
Commons Briefing papers CBP-8415
Author: Vaughne Miller
Topics: Administration of justice, Central government, Constitution, Criminal law, Election expenditure, Election results : UK, Elections, Electoral franchise, EU institutions, EU law and treaties, Europe, Human rights, Immigration, Intellectual property, International law, Parliament, Parliamentary procedure