A brief analysis on brexit's consequences on the CJEU's jurisdiction

AuthorIuliana-M?d?lina Larion
PositionPhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest; Judge at the Bucharest County Court (e-mail: madalinalarion@gmail.com).
Pages85-94
LESIJ NO. XXIV, VOL. 2/2017
A BRIEF ANALYSIS ON BREXIT’S CONSEQUENCES ON THE
CJEU’S JURISDICTION
Iuliana-Mădălina LARION
Abstract
As the United Kingdom of Great Britain and Northern Ireland’s effective withdrawal from the
European Union advances, there is a growing interest on what solutions shall be found for the complex
legal problems raised by Brexit. The research intends to highlight the main issues relevant for the Court
of Justice of the European Union’s jurisdiction, in an effort to better understand the possible
consequences on the European Court’s competence to receive, hear and solve cases i nvolving the
United Kingdom, as well as on the means to enforce its rulings. The study aims to anticipate and suggest
possible approaches to the practical challenges that shall have to be addressed.
Keywords: Brexit; withdrawal from the European Union; Court of Justice of the European
Union; jurisdiction; actions.
1. Brexit and its challenges
As this study is being written, the
United Kingdom of Great Britain and
Northern Ireland’s Government is preparing
to notify the European Council of the state’s
intention to exercise its right to withdraw
from the E uropean Union (EU), using
Article 50 of the Treaty on European Union
1
.
The United Kingdom (UK) is taking the
legal steps necessary to give full effect to the
result of the referendum held on 23 June
2016.
Thus, the only withdrawal so far of a
Member State from this international
integration organisation has become
PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest; Judge at the Bucharest County Court
(e-mail: madalinalarion@gmail.com).
1
The Treaty on European Union (TEU) was signed at Maastricht on 7 February 1992 and entered into force on 1
November 1993. Article 50 was introduced by the Treaty of Lisbon, signed on 13 December 2007, in force since 1
December 2009. For the consolidated version of TEU see: http://europa.eu/eu-law/decision-
making/treaties/index_en.htm, last accessed on 20 March 2017.
2
See Fuerea, Brexit trecut…, 2016, 631-633 and The White Paper presented by the European Commission on
1 March 2017, available at https://ec.europa.eu/commission/white-paper-future-europe-reflections-and-scenarios-
eu27_en, last accessed on 20 March 2017.
imminent. This raises a lot of questions
regarding the lega l, economic and social
aspects of the process, as well as questions
about EU’s future, once such a precedent is
established
2
.
The negotiations that will follow t he
formal use of Article 50 of the Treaty on
European Union shall have their result
enshrined in a withdrawal agreement. One of
the le gal is sues that shall have to be taken
into account is the matter of the Court of
Justice of the European Union’s jurisdiction
in pending cases involving the UK.
The study shall present the possible
consequences on the jurisdiction of the three
courts which compose the Court of Justice of
the European Union (CJEU): the Court of

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