On 4th December, the UK Chapter of the Friends of ERA hosted an engaging online presentation featuring a return to the Chapter of two outstanding legal scholars, Professor Catherine Barnard and Professor Christopher McCrudden FBA. The event brought together a vibrant group of participants to explore and review the complex frameworks governing disputes between the EU and UK post-Brexit, with a focus on EU – UK Trade and Cooperation Agreement (TCA) and arrangements for Northern Ireland. The presentations were followed by an interesting discussion with questions from attendees.
From start to finish, the discussion was a deep dive into, and review of, the practical and legal intricacies and consequences of these arrangements, offering valuable insights into the challenges ahead.
Key highlights included:
Catherine Barnard:
- Explored dispute resolution arrangements under the EU – UK Trade and Cooperation Agreement TCA), including first-time testing of its procedures, such as in the sand eel fishing case, which raises critical questions about sustainability.
- Discussed „rebalancing“ Articles and the potential for divergence as the EU progresses its laws, without the UK keeping pace.
- Speculated on the implications of the UK leaving the ECHR, particularly in relation to the UK’s obligations in regard to rights within the TCA’s Article 524 objectives.
Christopher McCrudden:
- Analysed dispute mechanisms under the EU – UK Withdrawal Agreement and European Union (Withdrawal) Act 2018 including issues specific to the Northern Ireland Protocol and adjustments to it through the Windsor Framework.
- Highlighted the interplay between trade, customs, and human rights provisions.
- Discussed domestic judicial review and international arbitration mechanisms and shared insights from key cases such as the ongoing Dillon case and multiple active infringement cases.
Throughout, the speakers detailed and commented on how these frameworks influence both practical governance and fundamental rights across the UK and its borders.
A huge thank you to both Professor Barnard and Professor McCrudden for sharing their expertise, and to everyone who joined us for this discussion!
As Europe and the UK navigate this new phase of their relationship, events like this reinforce our commitment to understanding and addressing the complexities of European law and its relationship with Third Countries.
Stay tuned for more thought-provoking discussions from the Friends of ERA also in the new year.