Tag: EU law primacy
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Alison Young: Status of EU Law Post Brexit: Part Two
In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a complete account, giving rise to a potential for further uncertainty in the future. This post will examine two further issues – whether the amendments respond…
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Alison Young: Status of EU Law Post Brexit: Part One
It is well-known that the status of retained EU law post Brexit was originally left undefined by the European Union (Withdrawal) Bill, save that it is classified as primary legislation for the purposes of the Human Rights Act 1998. This led to criticism of the Bill, leading to a suggested recommendation from the House of…
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Paul Daly: EU Law in the UK after Brexit: EU Nationals’ Rights and a Transitional Period
With white smoke emerging from Berlaymont, and the UK and EU ready to move to Stage 2 of the Article 50 negotiations, it is time for UK public lawyers to start thinking very carefully about how norms of EU law can be enforced in a post-Brexit legal order. Paragraph 36 of the Joint report from…
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Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?
In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” [Paragraph 65] may well have caused a constitutional storm. In the current unprecedented tempest of Brexit, however, Lord Neuberger’s announcement of this statement passed as…