Why EU Court of Justice Is a Key Brexit Battleground

The European Union’s highest court, the Court of Justice of the EU, is one of Brexit’s hottest topics. The question over what future role it might play in the U.K. has made negotiators on both sides dig in their heels, and talks are now almost at an impasse. The EU insists the court has a crucial role to play in protecting the rights of European citizens living and working in Britain after the U.K.’s withdrawal. Brexit’s champions say regaining sovereignty means removing the U.K. from meddling by EU judges.

Despite its name, the Luxembourg-based institution is actually made up of two courts: the Court of Justice, the highest in the EU, and the General Court, a lower tribunal. While the General Court deals with the facts in cases before it, the Court of Justice focuses only on points of law. The Court of Justice consists of 28 judges and 11 advocates general and handles appeals from the lower court, direct actions against an EU nation, and references from national courts seeking clarification on EU law. Rulings are binding across the bloc.