European Withdrawal Act

Question 1

Elements of retained EU Law

Answer 1

Retained EU Law will comprise:

• EU-derived domestic legislation
• Direct EU legislation
• Rights arising under s.2(1) ECA 1972

Question 2

Aims of EU Withdrawal Act 2018

Answer 2

1. Repeal the ECA 1972 from the date of the UK’s exit from the EU
2. Convert much of EU law into UK law , i.e. Retained EU Law
3. Give ministers the power to make secondary legislation to correct deficiencies in EU Law and to implement the withdrawal agreement

Question 3

Effect of retained EU Law

Answer 3

Retained EU Law will remain supreme of other pre-exit legislation (contrary to the doctrine of implied repeal)

Question 4

Exclusions from retained EU Law

Answer 4

The following are excluded from retained EU Law:

• Directly effective rights under EU Directives unless they have been recognised by a court or tribunal prior prior to the date of exit
• Charter of fundamental rights

Further, the UK Courts will lose the power to disapply domestic legislation on the grounds that it conflicts with EU Law.

Finally, the rights to claim damages under Francovich will no longer be available

Question 5

Retained EU Case Law

Answer 5

Decisions of the CJEU (and its predecessors) handed down prior to exit will be binding on all UK Courts apart from the Supreme Court and, in Scotland, the High Court of Judiciary.