Quote:
Originally Posted by Damien
It seems all EU Law will become UK Law and then any parts they want to get rid of entirely will be done on a case-by-case basis. I am not sure of the actual legal work/consequences in that, I actually thought the way it worked was EU law does become UK Law anyway but I guess not. Lawyers will probably have some fun though.
---------- Post added at 23:12 ---------- Previous post was at 23:08 ----------
I do worry about the emerging political consensus for a hard-Brexit though. We really shouldn't rush it and leave without any idea of what the deal is going to be. Some in the Tory Party put together a recommendation that we simply offer trade on the same terms we have now with the EU, sans-free movement, and say take it or leave it.
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I think EU law is given effect in the UK via statutory instruments and the like. These can be given effect with relatively little effort by parliament. The 1972 Act would be the enabling Act giving authority for that to happen. If the 1972 Act is repealed, a whole lot of what is already effectively UK law, by virtue of being EU law that has been given effect here, would suddenly have no substance.
This Great Repeal Act would have to state that everything introduced due to EU law up to a certain date is to continue, so that it all continues to have the necessary legal basis in the absence of the European Communities Act. The repeal act would replace the EC act as the "enabling" act to allow them to continue.
At least I think that's how it works.
