Kees Groenendijk, Professor Emeritus, Radboud University Nijmegen, Netherlands.
The Court of Justice of the European Union (CJEU) acknowledged the significant contributions of its British members to European integration and legal precedent. This recognition prompts reflection on the impact of British legal professionals on EU law, particularly in the areas of migration and free movement.
British judges and advocates-general, with their common law background, played a key role in shaping the CJEU into a more transparent and adaptable institution. Their pragmatic and reasoned approach influenced the court’s evolution, including the adoption of citing past judgments, a practice not initially common to the original member states.
Notable British Figures in the CJEU
Advocate General Francis Jacobs, known for his dedication to human rights, consistently argued for their protection within EU law. His influential writings on EU law garnered respect within the UK and internationally.
John Mackenzie Stuart, the first British judge, contributed significantly during his 16 years of service. Notably, he advocated for the General Court’s establishment, which assumed some of the CJEU’s responsibilities. His successor, Gordon Slynn, also served as Advocate General. Following Slynn, David Edward provided insights into separatist movements within the EU.
Konrad Schiemann, a British judge with a unique personal history, viewed the EU as a safeguard against the turmoil of war. His perspective highlighted the human impact of the EU’s existence.
Eleanor Sharpston, recognized for her clear legal analysis, advocated for interpretations of EU law that protected visa applicants’ rights. Her efforts to extend her tenure after Brexit were met with resistance, ultimately highlighting the complexities of the UK’s departure.
Christopher Vadja, the last British judge, emphasized the UK’s early recognition of the CJEU’s importance. He contrasted the CJEU’s limited public access with the UK Supreme Court’s embrace of live streaming, emphasizing the principle of transparent justice.
The Enduring Influence of Common Law
The common law tradition, championed by British judges like Ian Forrester, underscored the importance of due process and fairness within the CJEU. This perspective emphasized procedural safeguards and placed public authorities and individuals on equal footing before the law.
Forrester’s poignant reflection on his family’s history during wartime underscored the interconnectedness of European nations and the human cost of conflict. This served as a reminder of the EU’s role in fostering peace and stability.
Vadja’s insights into the CJEU’s inner workings provided valuable knowledge about the court’s processes, from case distribution to judgment drafting. This transparency offered valuable guidance for legal professionals navigating the CJEU.
Adapting to New Legal Concepts
The CJEU, unfamiliar with the amicus curiae concept, grappled with its implications in the context of Polish judicial independence. While the court deemed information from the Polish Ombudsman as not having a “decisive influence,” it acknowledged the relevance of such contributions, potentially signaling an openness to the amicus curiae role in the future.
Negotiating for Change: A Mixed Legacy
The UK’s persistent negotiation style, while sometimes met with resistance, brought about changes in EU law, notably in the area of expulsion of EU citizens on public order grounds. While this illustrated the UK’s effectiveness in advocating for its interests, it also resulted in reduced protection for EU citizens post-Brexit.
Contributions of British Legal Professionals
British courts, lawyers, and academics significantly shaped EU law on free movement of citizens. Numerous CJEU judgments on this topic stemmed from questions posed by British judges, demonstrating their engagement with EU law and its practical implications.
British lawyers, particularly those specializing in immigration law, played a crucial role in shaping EU legal interpretations, advocating for the rights of EU citizens and their families. Organizations like the AIRE Centre, through their litigation efforts, contributed significantly to the development of EU migration law.
The legacy of British legal scholarship on EU law, evident in prominent handbooks, will continue to serve as valuable resources for legal professionals across the EU. These contributions highlight the lasting impact of British legal thinking on European legal order.
Despite the UK’s departure, the interconnectedness of legal systems, fostered over decades of EU membership, persists. The influence of British legal traditions and the contributions of its legal professionals will continue to shape EU law. It remains to be seen how future agreements between the EU and the UK will further define their legal relationship, but the impact of British legal minds on EU law is undeniable.
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