LUXEMBOURG (CN) – Though the political campaign surrounding Brexit focused heavily on taking back control, the United Kingdom will remain subject to the European Union’s highest court at least in the short term.
The U.K. is formally leaving the 28-member political and economic union as of 11 p.m. London time on Friday, but that only starts an 11-month transition period during which, practically speaking, little changes for the U.K.
“Mostly it will feel like the U.K. is still in the EU,” said Joris Larik, assistant professor of comparative, EU and international law at the Leiden University in the Netherlands.
The Brexit referendum took place in June 2016 and it wasn’t until October 2019 that the British government finally approved a withdrawal agreement.
The deal was formally accepted by the EU on Thursday and settles some topics, such as money the U.K. owes to the EU and the rights of citizens. But most issues are not yet settled and the two sides have until the end of 2020 to sort out a complicated list of matters, including the role the EU’s highest court will play in the U.K.
The EU High Court
Located in Luxembourg City, Luxembourg, the Court of Justice of the European Union began its life as the Court of Justice of the European Coal and Steel Community. The predecessor of the EU, the European Coal and Steel Community ceased to exist in 2002, having been totally absorbed into the newly created EU.
The judicial body of the EU consists of two courts, the lower General Court and the higher Court of Justice, though each have some separate administrative functions. Individuals, companies, and countries can bring cases to the Court of Justice and national courts of any of the member states can refer questions involving EU law as well.
The U.K.’s departure on Friday evening does have one very immediate impact on the court. The terms of Judge Christopher Vajda on the Court of Justice and Judge Ian Forrester on the General Court, who were appointed to the courts by the British government, come to an immediate end.
“The withdrawal of the U.K. from the European Union signifies the disappearance of the posts occupied by the U.K. nominated judges,” the Court of Justice said in a statement.
Eleanor Sharpton, the British advocate general at the Court of Justice, is unaffected by Brexit as her position isn’t dependent on a member state. Advocate generals serve as advisers to the court.
Transition Period
EU law applies to the U.K. during the transition period as it has since the U.K. joined the bloc in 1973.
If the U.K. and the EU disagree about aspects of the withdrawal agreement, those issues will be resolved by arbitration.
“The text covering this in the withdrawal agreement is basically the same as in trade agreements the EU has with other countries,” said Raphael Hogarth, an associate at the Institute for Government, a British think tank.
However, if any of those disputes involve EU law, they must be referred to the Court of Justice.
“The EU doesn’t like farming out interpretation of EU law to other tribunals,” Hogarth said.