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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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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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