Brexit in Context: what does ‘docking’ mean?

Speaker: Professor Dr. Dr. h.c. Carl Baudenbacher, President of the EFTA Court

Chair: Caroline Wilson CMG, Europe Director, Foreign & Commonwealth Office

Discussant: Professor Piet Eeckhout, Dean, UCL Laws

About the event:

The UK Government says it wants to “take back control of our laws” after Brexit, ending the supremacy of EU law as well as any jurisdictional role for the EU Court of Justice. The Council has proposed that during the transition period the UK should remain subject to the ECJ’s jurisdiction, but will no longer participate in or nominate or elect members of the Union institutions. How should disputes between the UK and EU be settled in the future? Should individuals and companies have access to a non-British court of law? Possible solutions would be for the UK to join the EEA Agreement on the EFTA side, or, in particular, to dock to the EFTA Court.

Professor Baudenbacher, the EFTA Court’s President for 15 years, will offer his view of dispute settlement after Brexit. He will address the elements at play, focussing on the various dispute resolution models discussed. He will consider how the EFTA Court works in practice, its enduring dialogue with the ECJ and its Advocates General, and how docking to the EFTA Court may provide a quick and effective solution to Brexit’s legal conundrum.

About the speaker:

Professor Dr. Dr. h.c. Carl Baudenbacher, a Swiss citizen, has been the Liechtenstein Judge of the EFTA Court since 1995 and was its President for fifteen years. He is a renowned expert in the fields of commercial and economic law, in particular competition law and is also the Director of the Competence Center for European and International Law at the University of St Gallen HSG.

About the chair

Caroline Wilson was appointed Europe Director at the Foreign and Commonwealth Office in London in October 2016.

She formerly served as HM Consul General to Hong Kong and Macao (2012-16); Minister Counsellor (Economic) British Embassy Moscow (2008-12); European Secretariat of the Cabinet Office (2006-7). Private Secretary to the Foreign Secretary (2004-6); First Secretary (Antici) UK Permanent Representation to the EU; British Embassy Beijing (1996-2000).