Monitoring the implementation and resolving disputes under the Brexit Withdrawal Agreement Cover Image

Monitoring the implementation and resolving disputes under the Brexit Withdrawal Agreement
Monitoring the implementation and resolving disputes under the Brexit Withdrawal Agreement

Author(s): Miłosz Gapsa
Subject(s): EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: Brexit; Withdrawal Agreement; monitoring; disputes

Summary/Abstract: The aim of this article is analysis of how the Agreement on the withdrawal of the United Kingdom from the European Union governs the mechanisms for monitoring its implementation and resolving disputes. All solutions are based on the international principle of good faith, which obliges the parties of the Agreement to apply it fully. Constant contact between them is ensured by the Joint Committee together with the Special Committees. Any dispute between the parties can only be solved based on the solutions contained in the Agreement, through international arbitration by an arbitration panel. Furthermore, of interest are the provisions governing the specific extension of the jurisdiction of the Court of Justice of the European Union and the practice of the parties to date. Two methods of legal analysis have been employed in this research: dogmatic (analysis of the provisions of the Agreement) and functional (an attempt to predict the consequences of their implementation).

  • Issue Year: 2022
  • Issue No: 3
  • Page Range: 41-53
  • Page Count: 13
  • Language: English