Carl Baudenbacher (Luxemburg/St. Gallen): Brexit: Die Suche nach dem Ei des Kolumbus


In his lecture, Professor Baudenbacher will shed light on the consequences a “hard” Brexit may have on the existing agreement concerning the European economic zone and discuss three possible alternative models. In doing so, the role of the EFTA will take center stage.

With the House of Commons’ “yes” to Brexit, Great Britain now faces a violent societal, economic, and legal challenge. Two points, in particular, count among the goals set in advance by a “hard” Brexit aimed at withdrawing from the European single market: ending the free movement of people as well as terminating the European Court of Justice’s jurisdiction over Great Britain. For the future, a ‘bespoken’ free trade agreement of goods and services should thus be finalized with the rest of the EU. The agreement should aim for “deep integration” and guarantee British actors the greatest access possible to the domestic european single market. The settlement of disputes should rest in the hands of an arbitration court whose verdict, of course, should not have a direct effect. If finalizing such an agreement proves impossible, the British government wishes to simply exit the EU. In this case, it would propose an intense competition between systems, especially with respect to taxes.

Aside from discussing the possibility of an in-depth free trade agreement without surveillance and judicial mechanisms, Professor Carl Baudenbacher will additionally draw attention to the peculiarities of the EFTA’s pillar judiciary as well as to the case law of this court. In this context, questions regarding the conception of man, commercial orientation, and the ‘competition policy’ model will also be discussed.      

Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher is President of the EFTA Court as well as Director of the Center for European and International Law at the University of St. Gallen.