header-logo header-logo

16 May 2019 / Simon Parsons
Issue: 7840 / Categories: Features , Constitutional law , Brexit , EU
printer mail-detail

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

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Clarke Willmott—Anita Rasaratnam

    Clarke Willmott—Anita Rasaratnam

    Clarke Willmott strengthens social housing development offering with senior London appointment

    Trowers & Hamlins—David Meecham

    Trowers & Hamlins—David Meecham

    Trowers strengthens Birmingham real estate team with partner hire

    Blake Morgan—Jennifer Ray & Louise Culleton

    Blake Morgan—Jennifer Ray & Louise Culleton

    Blake Morgan expands private client and regulatory teams with new legal directors

    NEWS
    A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
    Helping to source the services and providers you need
    The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
    Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
    The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
    back-to-top-scroll