Analysing the Great Repeal Bill

The Court of Justice of the European Union (CJEU) will continue to influence British law long after Brexit has occurred, lawyers say.

The Great Repeal Bill, which is expected to be introduced in the Queen’s Speech, aims to ensure legal continuity post-Brexit by converting existing EU legislation into UK law at the time of Brexit. It will be massive in scope, with an impact on thousands of pieces of legislation affecting all walks of life and all sectors of commerce and industry from farming to digital innovation. It also removes the UK from the jurisdiction of the CJEU.

However, Trevor Tayleur, associate professor at The University of Law, said the influence of the CJEU would “live on for some time”.

“An interesting feature of the White Paper is the indication that the Bill may preserve the supremacy of pre-Brexit EU Law over pre-Brexit UK law,” he said.

“The White Paper makes it clear that if a conflict arises between two pre-Brexit laws, one EU-derived and one not, then the EU-derived one will continue to take precedence. When it comes to interpreting EU-derived UK law, decisions of the CJEU will have the same binding status as decisions of the Supreme Court.

“All courts other than the Supreme Court will remain bound by decisions of the CJEU on such issues.”

Lawyers have also called for the Great Repeal Bill to respect Parliament’s democratic role, and warned of the risk of “expediency” by the government.

Joe Egan, Law Society deputy vice president, said: “Transposing EU legislation isn’t straightforward.

“A lot of laws refer to the internal market or to EU institutions which will not be relevant post-Brexit. Also, ministers will be given powers to amend legislation to ‘take account of the negotiations as they proceed’ over the next two years.

“While we are pleased that the White Paper recognises the need to balance appropriate parliamentary scrutiny with speed in this massive undertaking, the sheer volume of law which must be incorporated leaves scope for expediency by the government. It is essential that Parliament is able to scrutinise any significant changes to laws that govern our lives.”