Ministerial powers to implement EU directives
Produced in partnership with Adam Cygan of University of Leicester
Ministerial powers to implement EU directives

The following Public Law practice note Produced in partnership with Adam Cygan of University of Leicester provides comprehensive and up to date legal information covering:

  • Ministerial powers to implement EU directives
  • The use of statutory instruments to implement subordinate legislation
  • The powers under ECA 1972, s 2
  • Duty to inform parliament of amendments to Acts
  • Procedures for the making of statutory instruments
  • Parliamentary control of EU implementing legislation
  • The scrutiny of secondary legislation
  • Consequences of a failure to implement directives

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect on 1 February 2020. In accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be treated as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. For background reading, see: Brexit—introduction to the Withdrawal Agreement. We are reviewing our content on the basis of information available and will keep it under review during the implementation period. Meanwhile, for updates on key Brexit developments and the implications for UK lawyers, see: Brexit Bulletin—key updates, research tips and resources. For further guidance, see: Brexit toolkit. You may find it useful to refer to this material before continuing your research.

EU legislation which is not directly applicable (eg Directives and Decisions) can be

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