header-logo header-logo

Brexit & retained EU law

03 January 2019 / Simon Parsons
Issue: 7822 / Categories: Features , Brexit
printer mail-detail

​Simon Parsons reflects on the possible impact of the European Union (Withdrawal) Act 2018 which breaks the conduit pipe whereby EU law flows into UK domestic law

  • If the European Communities Act 1972 is repealed without further provision then directly applicable EU law will cease to apply in UK domestic law leaving major gaps in provision.

The terms on which international law is incorporated into domestic law depends on whether the state is monist or dualist in its approach to such law. If monist, it will be received into automatically into national law from the moment of its ratification, without the need for further measures of incorporation. If dualist, international law will not become binding internally, as part of domestic law, until it is incorporated by a domestic statute. In the EU, France, for example, is monist; Germany, Belgium, Italy and the UK are dualist. This means that the Westminster Parliament must pass legislation to enable the rights and obligations contained in a treaty to become part of UK domestic law.

The European

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
back-to-top-scroll