You’re Gonna Miss Me When I’m Gone! The Impact of Brexit on Member States’ Contribution to the Case Law of the CJEU

Europarättslig Tidskrift 2019 nr. 3 pp. 381-395

14 Pages Posted: 31 Jul 2019 Last revised: 28 Sep 2019

See all articles by Mattias Derlén

Mattias Derlén

Department of Law, Umeå University

Johan Lindholm

Umeå University

Daniel Naurin

Göteborg University

Date Written: July 28, 2019

Abstract

Brexit is scheduled to happen on October 31, 2019, and researchers have previously studied the impact of Brexit on relationships in the EU’s political institutions. This paper studies how Brexit might affect Member States’ interactions with the Court of Justice of the European Union (CJEU) and, more specifically, when they seek to influence the Court by submitting observations. The Untied Kingdom has consistently been a comparatively active Member State, submitting many observations. The paper introduces and employs a novel approach, studying what we call "mentions" in CJEU decisions, to measure position similarity in Member States' observations and to identify the UK's "allies" before the CJEU. The paper concludes the loss of the UK will be felt in particular in Germany, the Netherlands, Ireland and in the Nordic countries.

Keywords: EU law, CJEU, judicial politics, observations, position similarity

JEL Classification: K40

Suggested Citation

Derlén, Mattias and Lindholm, Johan and Naurin, Daniel, You’re Gonna Miss Me When I’m Gone! The Impact of Brexit on Member States’ Contribution to the Case Law of the CJEU (July 28, 2019). Europarättslig Tidskrift 2019 nr. 3 pp. 381-395. Available at SSRN: https://ssrn.com/abstract=3427960 or http://dx.doi.org/10.2139/ssrn.3427960

Mattias Derlén

Department of Law, Umeå University ( email )

Samhallsvetarhuset, Plan 2
Umea University
Umeå, SE 901 87
Sweden

Johan Lindholm (Contact Author)

Umeå University ( email )

Umeå University
Department of Law
Umeå, Umeå 901 87
Sweden
+46907865603 (Phone)

HOME PAGE: http://https://www.umu.se/en/staff/johan-lindholm/

Daniel Naurin

Göteborg University ( email )

Viktoriagatan 30
Göteborg, 405 30
Sweden

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