Continuity beyond Brexit? EU Juridification and the Protection of Rights

Brexit, now achieved, is, in general terms, identified as a de-juridification exercise (removing the UK from EU legal control and influence) as the UK seeks to ‘take back control’ and place the UK parliament at Westminster, if not the government itself, in the ‘driver’s seat’. As the antithesis of EU integration and enlargement, it can be considered to be a revolutionary policy change. However, Brexit is more than just about EU membership and the ongoing Brexit process and outcome is likely to be shaped by the history of the UK’s EU entanglement. In discussing EU juridification through its various dimensions, this chapter examines the influence of EU juridification upon the UK’s relationship with the EU with reference to its possible impact on rights protection. Applying an institutional approach to assess the complexity of the relationship, the chapter will argue that the likely enduring influence of EU juridification on rights, as in other UK policy areas, can be explained through path dependence theory.