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  • If the European Communities Act 1972 is repealed without further provision then directly applicable EU law will cease to apply in UK domestic law leaving major gaps in provision.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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll