Significant exclusions from the Repeal Bill will affect the ability of individuals to enforce their existing EU rights post-Brexit, Trevor Tayleur, associate professor, the University of Law, writes in NLJ.
For example, ‘directly effective rights arising under EU directives will be excluded, unless they have been recognised by a court or tribunal before the date of the UK’s exit’. Similarly, the Charter of Fundamental Rights will be excluded, and the right to claim damages from the state under the Francovich principle will no longer apply post-Brexit.