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16 May 2019 / Simon Parsons
Issue: 7840 / Categories: Features , Constitutional law , Brexit , EU
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Brexit & retained devolved EU law

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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    MOVERS & SHAKERS

    Constantine Law—Anita Vadgama

    Constantine Law—Anita Vadgama

    New senior partner hire at consultant-led employment / regulatory law firm

    Ward Hadaway—Emma Swann & Jill Donabie

    Ward Hadaway—Emma Swann & Jill Donabie

    Firm adds two partners to growing education practice

    mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

    mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

    Trio of newly qualified solicitors strengthens Worcester office law firm

    NEWS
    NLJ's latest Charities Appeals Supplement has been published in this week’s issue
    The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
    One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
    The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
    A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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