Brexit would leave EU court without voice of British judges

A former Irish judge of the Court of Justice of the European Union has said it would be a grave mistake not to appreciate the influence British judges have had on the EU court.

Aindrias Ó Caoimh, whose second term came to an end last year, told The Irish Times that the British did not appreciate the influence and impact they had on the EU.

“They seem to always have this attitude that they are the lone voice in a room, rather than a voice that actually influences other member states,” he said. “But I would think the British members of the court, and there is a constant British advocate general, for example, their contribution has been considerable since British accession.”

Mr Ó Caoimh said it would be a mistake not to appreciate the influence British members had on the court, particularly in highlighting differences in the common law system, operating in Ireland and the UK, as opposed to continental systems of law.

“It may not always be obvious, but as a member of the court it does have a role to play, as I’m sure is the case with other institutions of the EU,” he said.

He said Brexit had come up for discussion with former colleagues: "If you were a British member of the court, if you thought there was going to be a negative vote in the referendum, it would affect your whole career."