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Brexit & retained devolved EU law

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16 May 2019 / Simon Parsons
Issue: 7840 / Categories: Features , Constitutional law , Brexit , EU
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Simon Parsons reports on another constitutional crisis which could be brewing after Brexit
  • In 2018, the Supreme Court ruled that the passing of the European Union (Withdrawal) Act 2018 prevented the Scottish government enacting its own legislation to close post-Brexit gaps in the law.
  • This judgment confirmed Westminster’s unrestrained legislative competence throughout the UK and the devolved legislatures are subordinate to it.

    •  

    In 2018, the Welsh government and the Scottish government issued the Law Derived from the European Union (Wales) Bill and the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill respectively, the purpose of which was the same as Westminster’s EU Withdrawal Bill; ie to convert or transpose directly applicable EU law relating to Wales and Scotland into Scottish and Welsh domestic law, and by preserving the Welsh and Scottish legislation that implements EU law which is not directly applicable. The aim was to avoid legislative gaps in the law after Brexit. This is known as retained devolved EU law. The subordinate legislatures issued

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