Brexit – The Update


Theresa May has stated recently that article 50 of the TEU, will be invoked by March 2017 – which means that the UK will be out of the EU by summer 2019.

She is appealing for a “a truly global Britain”, and during a recent conference in Birmingham she also gave details of the Great Repeal Bill which would end the primacy of EU law in the UK.

As things stand, due to the 1972 European Communities Act passed through the UK Parliament all EU law has direct effect in all European Countries.

This means, that EU law would prevail when there is a conflict between EU law and UK law. As EU law is independent from national laws, it can impose directly -without intervention of Member States- rights and obligations to the individuals and the national authorities. The judicial doctrine of direct effect, introduced in 1963 and developed subsequently, provides that the nationals of member states invoke their rights set out in by EU legislation before national courts. Direct effect, in general, applies to all actions producing legal effects in the EU: the Treaty itself and secondary legislation. Moreover, with the exception of one type of EU legislation, being directives, direct effect operates not only in creating enforceable legal obligations between the Member States and individuals, but also among individuals inter se. It means that the EU norms may be invoked by individuals before their state courts, which must provide adequate legal remedies for the EU norms just as if they were enacted by the state legislature.

Mrs May has promised that the “Great Repeal Bill” in the next Queen’s speech, will remove the European Communities Act 1972 from the statute book and enshrine all existing EU laws into British law. The “Great Repeal Bill” will also end the jurisdiction of the European Court of Justice in the UK.

The exit process is as important for the EU, as it is for the UK. The EU needs to ensure that there is least disruption possible for the businesses in the EU and smooth transition for all.

There have been mixed feelings from the rest of the UK and EU, on Mrs May’s speech – namely from the Scottish counterparts who have stated that the decisions being taken are driven by “the ideology of the hard Brexiteers, rather than the interest of the country”.

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