Advisers Briefing to CEEAC Committee on European Union (Continuity) Scotland Act 2021

Lock, Tobias and McCorkindale, Christopher and Hayward, Katy and Keating, Michael (2021) Advisers Briefing to CEEAC Committee on European Union (Continuity) Scotland Act 2021. University of Strathclyde, Glasgow. (https://www.parliament.scot/-/media/files/committe...)

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Abstract

As a consequence of the United Kingdom's withdrawal from the European Union (EU), there is no longer a legal requirement for Scottish Ministers to act, nor for the Scottish Parliament to legislate, compatibly with EU law. Nevertheless, there might be practical or political reasons that weigh in favour of continued alignment with EU law in devolved areas. Practical reasons might include a desire to align with EU regulatory standards in specific devolved areas, where those standards diverge from the UK position. Political reasons might include a desire to align more broadly with EU law in order to ease any transition back into the EU either as part of the UK or as an independent country.