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

Brexit Institute Working Paper Series, No 12/2021

16 Pages Posted: 24 May 2021

See all articles by Polly R. Polak

Polly R. Polak

University of Salamanca, Faculty of Law

Date Written: May 19, 2021

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.

Keywords: Brexit, EU-UK Withdrawal Agreement, Article 50, dispute settlement, Autonomy

Suggested Citation

Polak, Polly R., The Dispute Settlement Mechanism in the EU-UK Article 50 Withdrawal Agreement and the Principle of Autonomy (May 19, 2021). Brexit Institute Working Paper Series, No 12/2021, Available at SSRN: https://ssrn.com/abstract=3849307 or http://dx.doi.org/10.2139/ssrn.3849307

Polly R. Polak (Contact Author)

University of Salamanca, Faculty of Law ( email )

Salamanca, E37007
Spain

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