Teaching European Union Law after Brexit

Abstract

European Union law has been an integral part of the legal order of the United Kingdom for over 40 years, and features in every qualifying law degree taught in the UK at the date of country’s departure from the EU. The United Kingdom’s decision to leave the European Union (Brexit) radically alters the nature and effects of EU law in the UK’s legal jurisdictions. It is, consequently, necessary for those responsible for teaching EU law within UK law schools to reflect and, potentially, fundamentally redesign their EU law modules. This article commences with a consideration of what constitutes the ‘typical’ EU law module in order to determine those areas of EU law teaching most likely to be affected by Brexit. This article proceeds to consider both the new sources of law with which students will have to become familiar, as well as changes to existing content necessitated by Brexit. This article then seeks to ‘reimagine’ European Union law after Brexit through consideration of the teaching of EU law outside of the EU. While it may be possible to emulate the approach of certain non-EU law schools the uniqueness of the United Kingdom’s position after Brexit means that a bespoke approach to the teaching of EU law after Brexit is necessary.