European Scrutiny Committee reports on EU law

The European Scrutiny Committee has reported that the principle of the supremacy of EU law is incongruous with the UK’s legal framework and should be scrapped. As the law currently stands, the retained EU laws converted clunkily into UK laws post-Brexit would trump UK laws made before the end of 2020 in the case of conflict. The Committee says that the expected “Brexit Freedoms Bill” should include powers to make significant changes to retained EU law. That said, it says that the amending powers, while they should be wide, should also be carefully drawn. It also recommends a sunset provision that would set an ambitious timeframe for all retained EU law to be repealed with a clear strategy for replacement legislation to fill any gaps.  The Committee also proposes powers for courts to interpret retained laws, noting it is critical that businesses and consumers can understand how it applies to them.

Emma Radmore