The Dispute Settlement Mechanism in the EU-UK Article 50 Withdrawal Agreement and the Principle of Autonomy

Abstract

This paper focuses on the limits the principle of autonomy of EU law might place on the insertion of a Dispute Settlement Mechanism (DSM) in an Article 50 withdrawal agreement. After studying the DSM included in the UK’s Withdrawal Agreement (WA), the paper then assesses from the Court of Justice’s famously contested case law concerning external tribunals that this mechanism, although mindful of its autonomy test, might still be deemed contrary to the EU Treaties if ever brought before the Court.