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Lecture: Repealing (but Retaining?) EU Law: The Constitutional Realities of...

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Repealing (but Retaining?) EU Law: The Constitutional Realities of Brexit

Moderator

Prof Robert Harmsen (University of Luxembourg)

Presentation by

Prof Gordon Anthony (Queen’s University Belfast)

Gordon Anthony is Professor of Public Law at Queen’s University, Belfast. He has written extensively on the relationship between UK law and European law and on developments in UK public law more broadly. His books include, Textbook on Administrative Law (Oxford University Press, 8th ed, 2016, with Peter Leyland); Values in Global Administrative Law (Hart Publishing, Oxford, 2011, eds with J-B Auby, J Morison, and T Zwart); and UK Public Law and European Law: The Dynamics of Legal Integration (Hart Publishing, Oxford, 2002). He is a practicing barrister and appeared in the recent Article 50 litigation in the UK Supreme Court (representing the parties in Agnew).

Commentary by

Kieran Bradley (Court of Justice of the European Union)

Abstract

One of the outcomes that “Brexit” is supposed to achieve is an end to the primacy of EU law in UK courts. However, it is already becoming apparent that there will be a difference between the form and substance of any such change. The UK Government’s current proposals for a “Great Repeal Bill” acknowledge that much of the corpus of EU law will have to remain in force at the time of Brexit and that pre-Brexit rulings of the CJEU will continue to have effects in the courts after any (or no) Brexit agreement is reached. This lecture considers the constitutional implications of these proposals, how they may work in practice, and what they may mean for the common law’s relationship with
EU law more broadly. It also considers some of the challenges that the courts might encounter in the particular areas of discrimination law and environmental law, where the overlay of domestic, European and international standards may complicate any idea of repeal.

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4 Rue Alphonse Weicker

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