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- If the European Communities Act 1972 is repealed without further provision then directly applicable EU law will cease to apply in UK domestic law leaving major gaps in provision.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 Communities Act 1972 (ECA 1972) domestically confirmed the UK’s membership
