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The ECJ used to be a neutral court for the UK – it no longer is

Baudenbacher, Carl (2021) The ECJ used to be a neutral court for the UK – it no longer is. LSE Brexit (09 Mar 2021). Blog Entry.

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Abstract

In the UK, the ECJ had been called a foreign court in the Brexit debate. However, the term comes from Switzerland. The notion of a foreign court was used to refer to an international court that includes judges from other states. However, this notion is fallacious, argues Carl Baudenbacher (LSE). The decisive factor is whether a court is neutral. If a state belongs to an international organisation, the international court in question is neutral towards that state. This applies to the ICJ, for example, regardless of whether a state provides a judge or not. The ECJ, on the other hand, is not neutral for post-Brexit Britain and for Switzerland; it is the court of the other party and thus not impartial.

Item Type: Online resource (Blog Entry)
Official URL: https://blogs.lse.ac.uk/brexit/
Additional Information: © 2021 The Author
Divisions: LSE
Subjects: J Political Science > JN Political institutions (Europe) > JN101 Great Britain
J Political Science > JZ International relations
Date Deposited: 30 Apr 2021 09:51
Last Modified: 11 Aug 2021 23:03
URI: http://eprints.lse.ac.uk/id/eprint/109944

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