Challenges of Ensuring the Jurisdiction of the Court of Justice of the European Union within the Brexit Process

Abstract

The UKs withdrawal from the European Union (EU), which is unprecedented and unique in the development of international integration processes, challenges the formalization of Brexit. The Brexit process was conditioned by the requirements of the EU legal order, including the need to ensure its basic principles. The Agreement on Britains withdrawal from the EU created the basis for regulating future relations between the parties, as well as the interaction of their legal orders. One of the most important aspects of Brexit is the jurisdiction of the EU Court of Justice. Based on the Withdrawal Agreement, the Court of Justice retained separate powers over the UK, despite the special dispute settlement mechanism, which can be considered a means to ensure the principle of the detachment of the EU legal order and the continuity of the Europeanization of the UKs national legal order. However, the specified mechanism for the settlement of bilateral disputes in the context of the EU Courts practice of observing the principle of detachment may complicate the implementation of the provisions of the Withdrawal Agreement, as well as in the future regulation of bilateral relations. In this article, well-known general and particular methods of scientific research are employed. This work aims to study the relevant problems of legal support for the UKs secession from the EU, considering the observance of the principle of autonomy, to analyze the established dispute settlement mechanism between the UK and the EU in the context of the practice of the EU Court of Justice, as well as issues of enabling its jurisdiction regarding a third state.