Samir’s Selection 07/10/2017 (p.m.)
Hated by the Right. Mocked by the Left. Who Wants to Be ‘Liberal’ Anymore? >>>
Theresa May prepares to publish flagship Brexit legislation
Stephen Laws, a former parliamentary counsel in charge of drafting legislation, predicts that it will “all work out” for the Repeal Bill. “When [British] colonies were made independent, there was a provision to say the law is the same to ensure continuity, but it can be changed,” he says. “In some ways, we’re just doing that.”
Nonetheless, the Repeal Bill faces significant challenges.
The technical challenge
There is no simple list of EU laws that apply in Britain, and which need to be replaced through the Repeal Bill.
According to the House of Commons library, 13 per cent of UK primary and secondary legislation enacted between 1993 and 2004 was EU-related. In addition, the Repeal Bill must make provisions for EU regulations and treaties, which apply directly without having passed through the UK parliament.
Crucially, the bill must ensure that rules have a court and/or an agency to enforce them.
A UK body will have to assume the role of the European Commission, for example, in determining breaches of competition and environmental rules.
Mrs May has committed to ending the jurisdiction of the European Court of Justice — a demanding requirement, given that many EU agencies ultimately rely on the court. For simplicity, even where the ECJ’s jurisdiction ends, UK judges could still be instructed to pay attention to the court’s rulings…
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