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23 February 2018 / Michael Zander KC
Issue: 7782 / Categories: Features , Brexit , Constitutional law
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The House of Lords & the EU Withdrawal Bill (Pt 2)

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This week, Michael Zander considers retained EU law & modified powers

  • The Constitution Committee has called for changes regarding the Parliamentary procedures for passing the hundreds of statutory instruments that will be required.

The Constitution Committee’s report on the European Union (Withdrawal) Bill (HL Paper 69, January 29, 2018) says: ‘[T]he creation of retained EU law by the Bill will introduce uncertainties and ambiguities into the law. These will be compounded if the Bill does not direct the courts clearly as to how they should go about the task of interpreting retained EU law.’ (para 125)

In regard to pre-exit retained EU law that has not been modified, clause 6(3) of the Bill provides that questions as to interpretation will be determined by reference to any retained case law and any retained general principles of EU law. Only the Supreme Court and the High Court of Justiciary in Scotland would be free to depart from pre-exit decisions of the European Court. In deciding whether to

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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