The EFTA Court: A Way to Resolve Brexit’s Jurisdiction Conundrum?
Professor Carl Baudenbacher, President, EFTA Court
Chair: Elizabeth Wilmshurst CMG, Distinguished Fellow, International Law Programme, Chatham House
A key point of contention in the Brexit negotiations is the future role of a supranational court of law, as the UK government intends to end the supremacy of EU law and any jurisdictional role for the European Court of Justice (ECJ) with Britain’s withdrawal. But the European Commission has argued that the ECJ should retain a role post-Brexit, particularly when it comes to the rights of EU citizens residing in the UK. A related challenge is deciding which authority can resolve disputes under a future trade agreement with the EU, or govern the terms of any transitional arrangements.
One solution would be for the UK to join the EEA Agreement on the EFTA side, or to dock to the EFTA Court. The speaker will discuss how the EFTA Court works in practice, what its relationship is to the ECJ, and how the EFTA Court may provide a quick and effective solution to Brexit’s legal conundrum.
This is part of a series run by the Europe Programme on Britain and Europe: The Post-Referendum Agenda.
Attendance at this event is by invitation only.