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European Communities (Withdrawal) Bill

For discussion of all matters relating to the UK's departure from the European Union

European Communities (Withdrawal) Bill

Postby tulkvmoxhay » Thu Jul 13, 2017 12:33 pm

Can anyone put a gloss on S 5(3) of the European Communities (Withdrawal) Bill published today in regard to relative supremacy of the Supreme Court and ECJ post the withdrawal?

5 Exceptions to savings and incorporation
(1) The principle of the supremacy of EU law does not apply to any enactment or
rule of law passed or made on or after exit day.
(2) Accordingly, the principle of the supremacy of EU law continues to apply on
or after exit day so far as relevant to the interpretation, disapplication or
quashing of any enactment or rule of law passed or made before exit day.
(3) Subsection (1) does not prevent the principle of the supremacy of EU law from
applying to a modification made on or after exit day of any enactment or rule
of law passed or made before exit day if the application of the principle is
consistent with the intention of the modification.
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Re: European Communities (Withdrawal) Bill

Postby tulkvmoxhay » Thu Jul 13, 2017 4:27 pm

No. Actually, I was hoping to ask a knowledgeable someone to emphasise the good points of the legal draftsmanship was before them. However you are welcome to make a fuller explanation than that it achieves continuity -- for that can be said to be the aim of the entire bill.

You could respond to this hypothetical: On a day after exit day the Supreme Court chooses to interpret an EU law passed or made before exit day in its adjudication. Subsection 3 says in terms that "the principle of the supremacy of EU law continues to apply on or after exit day so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before exit day." There appear to be no exceptions to ss(3) indicated.

And so to your explanation?
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Re: European Communities (Withdrawal) Bill

Postby atticus » Thu Jul 13, 2017 9:53 pm

Do you have a link to the bill? I would want to see other provisions, whether "modification " is defined, for a start.
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Re: European Communities (Withdrawal) Bill

Postby Hairyloon » Thu Jul 13, 2017 10:22 pm

Take me to your lizard...
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Re: European Communities (Withdrawal) Bill

Postby tulkvmoxhay » Fri Jul 14, 2017 8:38 am

Subsection 2, not ss (3). I apologise for the slip
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Re: European Communities (Withdrawal) Bill

Postby atticus » Fri Jul 14, 2017 8:41 am

Does section 6 assist you? (NB not subsection 6.)
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