Brexit & EU Flashcards
EU referendum 2016
leave vote = 51.9%
article 50 and brexit
March 2017 the UK government triggered article 50.
Under article 50 the parliament must approve the brexit agreement by a majority.
There must be a two-year s negotiation period.
The final agreement should be approved by the UK and by 20 member states.
The agreement will then need the approval of the European Parliament.
EU withdrawal act 2018
Repeals European communities act of 1972.
Fixing exit day.
Retention of existing EU law
Powers to make further commencement orders
Preserve existing EU law as it applies to the UK when it leaves the EU by converting it into domestic law.
A gargantuan task: ‘a legal undertaking of a type and scale that is unique and unprecedented’
It is estimated that approximately 20,000 laws deriving from the EU have been given effect within domestic law.
CJEU post withdrawal under 2018 act.
Courts not bound to follow judgements of CJEU after exit day.
Permitting domestic court to refer to post-exit CJEU judgement if appropriate.
Laws made by parliament will no longer be subject to the principle of EU supremacy.
Domestic courts will no longer be bound to follow the judgements of the CJEU handed down after exit day when interpreting retained EU law.
EU withdrawal act No.1 2019
Cooper-Letwin Bill - was trying to stop a no deal.
Arrangements to extension of Article 50 - to stop No Deal.
Surrender Bill - EU withdrawal act No.2 2019
Benn Act.
Triggered if the House of Commons did not give its consent to either a withdrawal agreement or leaving without a deal by 19th October 2019.
The Act proposed a new withdrawal date of 31st January 2020, which the prime minister was obliged to accept if proposed acceptance by the European Council.
prorogation of parliament.
10th-24th September 2019 parliament was suspended using convention and Royal Prerogative.
