The Limits of Intergovernmental Flexibility in EU Law: Evidence from the Irish Opt-out in the Area of Freedom, Security and Justice and the New Surrender Mechanism with the UK
This paper discusses the limits of intergovernmental flexibility in the area of freedom, security and justice with a main focus on the case of SN and SD. The judgment represents the first legal challenge to the new surrender mechanism between the EU and the UK post-Brexit. Reflecting on general criteria of legal basis litigation, the crux of the matter concerns the Irish opt-out under Protocol No