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The great repeal—navigating the legislative process of Brexit

Published on: 21 October 2016
Published by: LexisPSL
  • The great repeal—navigating the legislative process of Brexit
  • Where EU law to be transposed into UK law covers reciprocal arrangements between EU Member States, how is it envisaged that this mutuality will have legal effect between the EU27 and the UK post-Brexit?
  • Where EU law to be transposed into UK law is subject to engagement with EU institutions, what is the UK's expected role in these institutions and their enforcement mechanisms?
  • What will the Great Repeal Bill mean for the jurisdiction of the Court of Justice of the European Union? How will the UK approach decisions of the EU courts in relation to transposed EU law, particularly laws based on entrenched EU principles such as equal treatment between Member States?
  • Is there anything that UK practitioners can do to prepare for the transition?

Article summary

Public Law analysis: As the government proposes a Great Repeal Bill promising to simplify Brexit by re-enacting existing EU law as UK law at the point of Brexit, the impact of domestic legislation recast without thought for international reciprocity looks set to become apparent. Professor Adam Cygan of the University of Leicester counsels a patient approach and explains how, when all is said and done, tariffs are likely to be the least of the UK’s worries. or take a trial to read the full analysis.

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