header-logo header-logo

03 January 2019 / Simon Parsons
Issue: 7822 / Categories: Features , Brexit
printer mail-detail

Brexit & retained EU law

​Simon Parsons reflects on the possible impact of the European Union (Withdrawal) Act 2018 which breaks the conduit pipe whereby EU law flows into UK domestic law

  • If the European Communities Act 1972 is repealed without further provision then directly applicable EU law will cease to apply in UK domestic law leaving major gaps in provision.

The terms on which international law is incorporated into domestic law depends on whether the state is monist or dualist in its approach to such law. If monist, it will be received into automatically into national law from the moment of its ratification, without the need for further measures of incorporation. If dualist, international law will not become binding internally, as part of domestic law, until it is incorporated by a domestic statute. In the EU, France, for example, is monist; Germany, Belgium, Italy and the UK are dualist. This means that the Westminster Parliament must pass legislation to enable the rights and obligations contained in a treaty to become part of UK domestic law.

The European

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

NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll