Conversion and Retention of EU Law

Repeal of the European Communities Act 1972 The Withdrawal Act repeals the European Communities Act on exit day. The ECA is the principal piece of domestic legislation passed by the UK Parliament which gives effect to EU law in the UK and gives EU law supremacy over UK domestic law. The main effects of repealing […]

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Exceptions to Retention

Exceptions to savings and incorporation The Withdrawal Act sets out two exceptions to the saving and incorporation of EU law provided for. The first exception is the principle of supremacy of EU law. The principle of supremacy means that domestic law must give way if it is inconsistent with EU law. In the UK this […]

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Retained Law Issues

Interpretation of retained EU law The Withdrawal Act sets out how retained EU law is to be read and interpreted on and after exit day. decisions of the CJEU made after exit day will not be binding on domestic (UK) courts and tribunals; domestic courts cannot refer cases to the CJEU on or after exit […]

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Legal Anomalies and Deficiencies

Dealing with deficiencies arising from withdrawal The Withdrawal Act  gives ministers of the Crown a power to make secondary legislation to deal with deficiencies that would arise on exit in retained EU law. This includes the law which is preserved and converted into UK law, both domestic law and directly applicable EU law). These problems, […]

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Implementing Withdrawal

Brexit Day Brexit day is defined as 11.00pm on 29 March 2019. This is in line with the calculation of time in EU law, as well as the EU’s negotiating directives, which indicate that the UK will leave the EU at 00.00 on 30 March Brussels time, corresponding to 11.00pm on 29 March UK time. […]

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Parliamentary Scrutiny of Powers

Explanatory statements for certain powers The Withdrawal Act sets out that certain explanatory statements must accompany statutory instruments made by ministers of the Crown under the delegated powers; that in the minister’s opinion the instrument does no more than is appropriate; that there are good reasons for the instrument or draft, and that the provision […]

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Parliamentary Approval Required

Withdrawal Act Provisions Parliamentary approval of the outcome of negotiations with the European Union The Withdrawal Act sets out Parliament’s oversight of the outcome of the UK Government’s negotiations with the EU. The withdrawal agreement may only be ratified if a number of conditions are met. These are as follows: a Minister of the Crown […]

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