The European Union (Withdrawal) Bill
The Bill will repeal the European Communities Act 1972 and convert EU law (as it applies in the UK) into domestic law on the day we leave the EU. This means that, as far as possible, the same rules and laws will apply immediately before and immediately after our exit, ensuring a smooth transition.
The Bill will establish a stable legal framework for our withdrawal from the EU, and provide the basis for our future relationship with the EU. It will not make substantive changes to policy or establish new legal frameworks in the UK, beyond those which are necessary to ensure the law functions properly.
Despite the Bill’s conversion of EU law into UK law, many areas of law will not function effectively once we leave the EU, because, for example, they refer to EU institutions that would no longer be relevant in UK law. The Bill will therefore give the Government a power to correct the law in these circumstances.
These corrections will be made by statutory instruments made under the powers in the Bill. The power can only correct deficiencies that come out of the UK’s withdrawal from the EU: the Government cannot change existing laws merely because it disliked them before exit. Changes will need to pass through the appropriate parliamentary scrutiny.
To maximise certainty, the Bill will ensure that any question as to the meaning of EU-derived law will be determined in the UK courts, by reference to the Court of Justice of the European Union’s (CJEU) case law as it exists on the day we leave the EU. The Bill will provide that historic CJEU case law be given the same binding, or precedent, status in our courts as decisions of our own Supreme Court or (in relation to criminal cases in Scotland) the High Court of Justiciary. It is very rare for the Supreme Court to depart from one of its own decisions and we would expect the Supreme Court to only rarely depart from CJEU case law.
The Bill delivers on our promise to end the supremacy of EU law in the UK. It is the only way for the UK to leave the EU while taking back control – so that our future laws will be made in London, Edinburgh, Belfast, and Cardiff. For more information, please see our Bill factsheets.
Department for Exiting the European Union