The Repeal Bill. Legal and Practical Challenges of Implementing Brexit

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Series Details No.4, June 2017
Publication Date June 2017
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The Scottish Centre on European Relations (SCER) was launched in March 2017 as a new, independent and unaligned Scottish EU think tank.

SCER) aimed to inform, debate, and provide up-to-the-minute, high-quality research and analysis of European Union developments and challenges. It would focus on pan-EU issues as well as having a particular focus on Scotland’s EU interests and policies.

SCER would provide in-depth, impartial research and analysis on Brexit – looking at EU27, UK and Scottish interests and debates. SCER would also carry out up-to-the minute policy research on a range of key European Union issues including the future of the EU at a time of multiple challenges; the migration and refugee crisis, and the EU’s turbulent neighbourhood.The Scottish Centre on European Relations issued in June 2017 a policy paper, The Repeal Bill. Legal and Practical Challenges of Implementing Brexit, by Tobias Lock.

The Brexit talks started on 19 June 2017. Under Article 50, an exit deal must be agreed and ratified before 30 March 2019, otherwise the UK will simply be deemed to have left the EU on this date. It was a very tight 21-month timetable, even before the general election made it look many times more difficult to keep to.

Talks would cover an exit deal, including transition arrangements, and the framework for a future UK-EU27 trade deal. All this must happen in parallel with the UK sorting out its own future policy and legal frameworks, including many questions that involved Scotland and the other devolved administrations. The UK government planned to tackle this through the Great Repeal Bill and other necessary bills (including on migration, tax, agriculture and more).

The Repeal Bill posed a huge challenge in terms of law, politics, and timing. Intricate legal questions needed to be resolved and approved by a hung Westminster parliament and three devolved legislatures. This would then be followed by a long process of continuous amendments, which would not only need to reflect new policy choices, but also the outcome of the Brexit negotiations and any transitional arrangement leading towards a deal on the future EU-UK relationship. This provided many opportunities for political disagreement and might result in considerable legal uncertainty.

Subsequently, the UK Government introduced the European Union (Withdrawal) Bill on the 13 July 2017 (the new name for the Great Repeal Bill).

Source Link https://www.scer.scot/wp-content/uploads/SCER-Policy-Paper-4.pdf
Related Links
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
ESO: Background information: What are the prospects for the Repeal Bill? (IfG, July 2017) http://www.europeansources.info/record/what-are-the-prospects-for-the-repeal-bill/
UCL: The Constitution Unit, 07.09.17: Blog: The European Union (Withdrawal) Bill: legal implications for devolution (et al) http://www.europeansources.info/record/the-european-union-withdrawal-bill-legal-implications-for-devolution/
SCER: Policy Paper, No.4, June 2017: The Repeal Bill. Legal and Practical Challenges of Implementing Brexit http://www.europeansources.info/record/the-repeal-bill-legal-and-practical-challenges-of-implementing-brexit/

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