For non-lawyers, you may be scratching your head. 'Retained EU law' describes how EU regulations, implemented and unimplemented Directives, Treaty provisions, general principles of EU law and EU case law continue to have effect in the UK legal system post Brexit.2/6
This was done to ensure a functioning statute book on 1 Jan 2021. Retained EU law is not a pretty thing and the statutory provisions (EU(Withdrawal) Act 2018) are complex. But the Act was widely agreed to be necessary. 3/6
Now, according to Lord F, a legal system which is only 9 mths old is to be reconsidered: 'we intend to remove the special status of retained EU law, so that it is no longer a distinct category of UK domestic law, but normalised within our law, with a clear legislative status' 4/6
This is odd - retained EU law does already have a clear legislative status in the UK system; it takes precedence over conflicting UK law unless and until government legislates to amend it. Presumably this 'supremacy' provision will be removed... 5/6
.. but that creates its own problems which the 2018 Act was trying to avoid, an Act introduced under a Conservative government, albeit with a different PM. 6/6
@CSBarnard24
He says going to establish a new ‘commission’, into which ‘all citizens’ can have an input. Have we at last hit on the ‘sunlit uplands’, or just another scam for pals?
Amateurs. They will take apart all their toys, then wonder why nothing works.
@CSBarnard24
The government which amasses greater powers through secondary legislation:
“…The results of those negotiations … either had direct legal effect in the UK or were passed into our law through secondary legislation and either way, with very limited genuine democratic scrutiny.”
@CSBarnard24
Thank you for writing about this. I saw this subject mentioned in Frost's notes and wondered what it actually meant for us - much like I question his every action and every wasted breath he takes.
@CSBarnard24
The super efficient & effective 🇬🇧 civil servants in 🇪🇺 will be sad to see their work retroactively described thus “…We knew that if we did not rescue something from the legislative sausage machine, we would be voted down and risk getting nothing….”