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Mutual trust underpins European law – Biondi

A senior judge has said that the loss of mutual trust between Britain and the EU affects Court of Justice of EU (CJEU) jurisprudence and has implications for legal frameworks such as the TCA (Trade and Cooperation Agreement).

Prof Andrea Biondi, (Advocate General at the CJEU) was speaking  at an inaugural Dublin European Law Institute (DELI) and DCU Brexit Institute annual lecture (12 May).

Biondi explored the continued legal and political influence of the CJEU in shaping the post-Brexit relationship between the EU and Britain, and the ongoing legal dialogue.

Legal ties

He examined the idea that Brexit has not entirely severed legal ties, and the CJEU remains a crucial point of reference for Britain–EU legal relations, despite Brexit.

He said that member-state mutual trust is the cornerstone of European law, and that loss is now showing in the courts, referencing key cases that illustrate the evolving boundaries.

Despite Britain’s absence from critical EU frameworks such as the EEA (European Economic Area) and Schengen, Biondi emphasised that its status as a third country does not mean its legal relationship with the EU is straightforward.

Biondi also pointed to the continued importance of legal dialogue in specific sectors, even as the CJEU’s jurisdiction over Britain recedes.