What would an exit from the EU mean for domestic law

[Peterbard]

I saw this a little while ago and thought it may be interesting to many on here.

 

 

http://www.halsburyslawexchange.co.uk/leaving-the-eu-impact-on-case-law-and-legislation/

 

‘the Treaties shall cease to apply [to the UK] from the date of entry of the withdrawal agreement or, failing that, two years after the notification…unless the European Council, in agreement with the [uK], unanimously decides to extend this period’ (art 50(3))

 

 

"Insofar as any such amendment or repeal seeks to deny EU law direct effect in UK law prior to the date on which, as a matter of EU law, the Treaties cease to apply to the UK, this would put the UK in breach of its obligations under EU and/or public international law—though it is unclear what legal (as distinct from political) consequences this would have. Depending on the form and content of the future relationship between there UK and the EU, it will also, almost inevitably, be necessary to enact legislation to provide a basis for giving effect to that new relationship."

[fletch70]

Hi Dodge

 

I have already posted a reply to this question on the EU thread

 

My answers are based on info gleaned from BBC as well as my Politics lecturer who is also a qualified lawyer and lectures in law.

 

My understanding is that many pieces of EU legislation and directives have been enshrined in UK law in either acts of parliament or as Statutory Instruments. As such whatever happens, even when we are no longer bound by EU law , they will be still be part of UK law. It was mentioned that there are 8000 different pieces of legislation or SI's . As such the effort needed to change every single one would be immense and take a very long time, especially when you consider that a country also needs running and governments change.

 

However

I suspect that the immediate laws that would be changed would be the ones that are high profile and benefit businesses, so the working time directive may be one to go as would deals on maternity/paternity rights and holidays + holiday pay. I think if we look across the pond we may be able to see the way things will progress, very few employment rights.

[Peterbard]

What about European court ruing and case law issues ?

[fletch70]

These would have to be binding as they were binding at the time of the ruling. After all, do we pay compensation to the families of people legally murdered by the state because at the time the law of the land said execution was the punishment?

[Peterbard]

These would have to be binding as they were binding at the time of the ruling. After all, do we pay compensation to the families of people legally murdered by the state because at the time the law of the land said execution was the punishment?

 

Yes but what about upcoming cases based on similar facts, Uk cases where appeals where denied, cases which were abandoned because of a poor chance of success initially etc.

[paulette11]

Yes but what about upcoming cases based on similar facts, Uk cases where appeals where denied, cases which were abandoned because of a poor chance of success initially etc.

 

So you think, there should be compensation to the families of people legally murdered by the state.

[steampowered]

Much European law comes from Directives which are (generally) not legally binding by themselves, but instead have to be implemented by UK legislation. For example the Working Time Directive was implemented in the UK by the Working Time Regulations, and the Data Protection Directive was implemented in the UK by the Data Protection Act 1998. As these are all now implemented by UK legislation they will remain in force indefinitely unless the UK parliament decides to repeal or amend the legislation.

 

Some European laws come from the EC Treaty or are in the form of European Regulations. Currently these are legally binding themselves and do not need to be implemented by local UK legislation. As these laws are not supported by local UK legislation, they will cease to be law in the UK, after the UK' has formally left the EU (this probably won't happen until 2018).

 

Most employment and consumer laws were introduced by Directives and then implemented by UK legislation. So they will all remain in force indefinitely, even after we have left the EU, unless the UK parliament decides to repeal them.

[Guest]

agree. and any repeals/amendments wont be retrospective.

the ECJ only gets/got involved re a breach/issue of eu law/regs.

and, eu will apply until a formal exit. and then keep in mind that if eng/wales continue to trade with the eu, we might have to keep some trade laws/regs, depending.

[Peterbard]

So you think, there should be compensation to the families of people legally murdered by the state.

 

I dont think you can get compensation for families legally murdered(is murder legal ?). No compensation anyway I am affraid

[Peterbard]

Much European law comes from Directives which are (generally) not legally binding by themselves, but instead have to be implemented by UK legislation. For example the Working Time Directive was implemented in the UK by the Working Time Regulations, and the Data Protection Directive was implemented in the UK by the Data Protection Act 1998. As these are all now implemented by UK legislation they will remain in force indefinitely unless the UK parliament decides to repeal or amend the legislation.

 

Some European laws come from the EC Treaty or are in the form of European Regulations. Currently these are legally binding themselves and do not need to be implemented by local UK legislation. As these laws are not supported by local UK legislation, they will cease to be law in the UK, after the UK' has formally left the EU (this probably won't happen until 2018).

 

Most employment and consumer laws were introduced by Directives and then implemented by UK legislation. So they will all remain in force indefinitely, even after we have left the EU, unless the UK parliament decides to repeal them.

 

Thanks SP very informative.

[Peterbard]

So what in this case about the consumer credit directive 2010 which was both empowered and brought into use by eu law ?

[Guest]

you already have your answer?

[Peterbard]

you already have your answer?

 

And what would you say that is Ford ?

 

anyway it was rhetorical there is a lot of consumer protection in that piece of legislation.

[Guest]

And what would you say that is Ford ?

 

anyway it was rhetorical there is a lot of consumer protection in that piece of legislation.

as per your initial post, fletch's, steampowered's, and mine?

that directive was mostly effective domestically, via SI, from feb 2011. so, it remains unless repealed/amended.

[steampowered]

So what in this case about the consumer crediticon directive 2010 which was both empowered and brought into use by eu law ?

The consumer credit directive was implemented in the UK through an amendment to the Consumer Credit Act 1974, and supporting UK statutory instruments. Those will remain in force after Brexit.

[Peterbard]

Si issued under what statue ?

 

SI dont just come into being on ther ir own right, but of course you know that.

 

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

 

http://www.legislation.gov.uk/uksi/2010/1010/introduction/made

.

[Peterbard]

The consumer credit directive was implemented in the UK through an amendment to the Consumer Credit Act 1974, and supporting UK statutory instruments. Those will remain in force after Brexit.

 

Do you have details of that amendment to the CCA under what section was it inserted ?

[Peterbard]

Sorry in any case there would still have to be legislation to confer the power form, or the power would not exist. So where would that come from ?

[Guest]

Si issued under what statue ?

 

 

.

con credit act

[Guest]

Sorry in any case there would still have to be enabling legislation, or the power would not exist. So where would that come from ?

are you asking what authority there is for a govt re an SI?

[Peterbard]

are you asking what authority there is for a govt re an SI?

 

Secondary legislation cannot exist without primary legislation of course, nothing to do with the government.

[Peterbard]

Anyway the answer i sthat this particular piece of current statutory protection will dispensary, as far as I can see.

[Guest]

Secondary legislation cannot exist without primary legislation of course, nothing to do with the government.

what are you asking then.

an Act of P allows for its 'amendment' via an SI. P (govt) of course enacts the act.

[steampowered]

Do you have details of that amendment to the CCA under what section was it inserted ?

http://www.legislation.gov.uk/uksi/2010/1010/contents/made

 

Sorry in any case there would still have to be legislation to confer the power form, or the power would not exist. So where would that come from ?

The European Communities Act 1972 allows statutory instruments to be used to implement directives. See http://www.legislation.gov.uk/ukpga/1972/68/section/2. A similar route was used for things like the Working Time Regulations (also a statutory instrument implementing a EU directive).

[stu007]

Ah well there goes The Human Rights Act.

 

The Human Rights Act: https://www.equalityhumanrights.com/en/human-rights/human-rights-act

Edited June 24, 2016 by stu007