Introduction : Brexit and Scots law

McHarg, Aileen (2018) Introduction : Brexit and Scots law. Edinburgh Law Review, 22 (1). pp. 107-109. ISSN 1364-9809 (

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Leaving the European Union will be the most significant systemic change to Scots law since the creation of the Scottish Parliament in 1999. The essays in this special Analysis section survey some (though by no means all) of the key aspects of the legal system likely to be affected by Brexit. In some of these areas, such as agriculture and fisheries, EU law has been the central source of legal regulation since we joined what was then the EEC in 1973. In other areas, EU law has played a role alongside domestic regulation, in greater or lesser degrees. At the time of writing (October 2017) – some 16 months after the EU referendum and seven months after formal notification of the United Kingdom’s intention to withdraw from the EU was given under Article 50 TEU – it is surprising just how much uncertainty there still is about the likely effects of Brexit. The articles in this section identify three key sources of uncertainty.