MPs to quiz experts on how retained EU law could be changed
29 March 2022
The European Scrutiny Committee continues its inquiry into the future of retained EU law by questioning legal experts. Retained EU law refers to legislation carried over onto the UK statute books following Brexit.
Purpose of the session
In this session, MPs will seek views from witnesses on how the Government could take steps to effectively end the supremacy of retained EU law over UK legislation created before the Transition Period elapsed on 31 December 2020.
In its January 2022 paper ‘The Benefits of Brexit’, the Government explained its aim of creating a “bespoke rule that would address cases where retained EU law came into conflict with domestic law”, in order to “promote legal certainty”.
The cross-party Committee is also likely to ask witnesses whether retained EU law should continue to be interpreted using “general principles” of EU law recognised before 31 December 2020 such as proportionality, legal certainty and non-discrimination.
A third topic the Committee will investigate is under what circumstances UK courts should be able to make decisions that depart from pre-Brexit case law of the European Court of Justice. Witnesses are likely to be asked which UK courts – for example, the Supreme Court, the Court of Appeal or others – should have this power amidst concerns that doing so could trigger a surge in appeals from claimants hoping to reopen cases previously decided using EU case law prior to Brexit.
Wednesday 30 March
- Sir Richard Aikens QC, Arbitrator, Brick Court Chambers
- Barnabas Reynolds, Partner and Head of Financial Institutions, Shearman & Sterling LLP
- Professor Alison Young, Professor, Cambridge University
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