header-logo header-logo

06 April 2017
Issue: 7741 / Categories: Legal News , Brexit , EU
printer mail-detail

Analysing the Great Repeal Bill

Influence of CJEU will “live on for some time” following Brexit

The Court of Justice of the European Union (CJEU) will continue to influence British law long after Brexit has occurred, lawyers say.

The Great Repeal Bill, which is expected to be introduced in the Queen’s Speech, aims to ensure legal continuity post-Brexit by converting existing EU legislation into UK law at the time of Brexit. It will be massive in scope, with an impact on thousands of pieces of legislation affecting all walks of life and all sectors of commerce and industry from farming to digital innovation. It also removes the UK from the jurisdiction of the CJEU.

However, Trevor Tayleur, associate professor at The University of Law, said the influence of the CJEU would “live on for some time”.

“An interesting feature of the White Paper is the indication that the Bill may preserve the supremacy of pre-Brexit EU Law over pre-Brexit UK law,” he said.

“The White Paper makes it clear that if a conflict arises between two pre-Brexit laws, one EU-derived and one not, then the EU-derived one will continue to take precedence. When it comes to interpreting EU-derived UK law, decisions of the CJEU will have the same binding status as decisions of the Supreme Court.

“All courts other than the Supreme Court will remain bound by decisions of the CJEU on such issues.”

Lawyers have also called for the Great Repeal Bill to respect Parliament’s democratic role, and warned of the risk of “expediency” by the government.

Joe Egan, Law Society deputy vice president, said: “Transposing EU legislation isn’t straightforward.

“A lot of laws refer to the internal market or to EU institutions which will not be relevant post-Brexit. Also, ministers will be given powers to amend legislation to ‘take account of the negotiations as they proceed’ over the next two years.

“While we are pleased that the White Paper recognises the need to balance appropriate parliamentary scrutiny with speed in this massive undertaking, the sheer volume of law which must be incorporated leaves scope for expediency by the government. It is essential that Parliament is able to scrutinise any significant changes to laws that govern our lives.”

Issue: 7741 / Categories: Legal News , Brexit , EU
printer mail-details

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll