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23 February 2018 / Michael Zander KC
Issue: 7782 / Categories: Features , Brexit , Constitutional law
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The House of Lords & the EU Withdrawal Bill (Pt 2)

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This week, Michael Zander considers retained EU law & modified powers

  • The Constitution Committee has called for changes regarding the Parliamentary procedures for passing the hundreds of statutory instruments that will be required.

The Constitution Committee’s report on the European Union (Withdrawal) Bill (HL Paper 69, January 29, 2018) says: ‘[T]he creation of retained EU law by the Bill will introduce uncertainties and ambiguities into the law. These will be compounded if the Bill does not direct the courts clearly as to how they should go about the task of interpreting retained EU law.’ (para 125)

In regard to pre-exit retained EU law that has not been modified, clause 6(3) of the Bill provides that questions as to interpretation will be determined by reference to any retained case law and any retained general principles of EU law. Only the Supreme Court and the High Court of Justiciary in Scotland would be free to depart from pre-exit decisions of the European Court. In deciding whether to depart from any retained EU case law they ‘must apply

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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