02 February 2017

Reuters: EU court might make changes to any Brexit deal, chief justice says

Koen Lenaerts, president of the Court of Justice of the European Union (ECJ), stressed that the political process was still in its early stages. It was impossible to foretell what aspects of Brexit might be referred to the ECJ by national courts handling cases raised by interested parties.

But asked if such a momentous EU political crisis was likely to end up at the Luxembourg-based court, the Belgian jurist said: "Yes, it is."

Even "a lawyer with the wildest imagination" would be unable to anticipate exactly how, he emphasised: "But it probably will, one day or another, end up on the docket of the Court -- not because of the Court, but because of parties bringing the case."

Citing a judgment two decades ago that forced a change to EU banana trade pacts with Latin American states, Lenaerts said the ECJ could ultimately amend any post-Brexit EU-UK trade deal -- though he stressed this was a purely speculative reflection. [...]

British judges have already upheld some private complaints to oblige May to change tack on how the government launches the process and at least one case is under way, in Ireland, which campaigners hope can trigger an ECJ review of her plan.

Lenaerts, a 28-year veteran of the EU courts who has led the ECJ since 2015, stressed that, unlike the U.S. Supreme Court, the EU judges cannot decline to take a case, but insisted they would rule only on legal arguments, not politics. [...]

Full article on Reuters

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