Trevor Tayleur discusses Brexit & the loss of rights
- EU law provides a range of remedies where individuals have suffered loss owing to the UK government’s failure to implement directives correctly.
- It is very probable that much UK legislation implementing directives will remain in force post-Brexit. However, Brexit may result in individuals losing some significant rights even if the wording of the UK legislation remains unchanged.
Untangling the UK’s legal systems from the EU legal system is one of the major tasks that the UK will face as part of leaving the EU. While there is disagreement about how much domestic law is derived from EU law, undoubtedly in many important fields EU law exerts considerable influence.
Upon the UK’s withdrawal from the EU, EU law will cease to apply in the UK. Art 50(3) of the Treaty on European Union provides that the EU treaties shall cease to apply to the withdrawing state from the date of withdrawal, while domestically prior to withdrawal the UK Parliament will repeal the European Communities Act 1972 (ECA 1972) which provides for the application
