Past, Present and Future: Scrutiny of retained EU law and assimilated law at the UK and Scottish Parliaments
Taylor, Robert Brett and Wilson, Adelyn L M (2024) Past, Present and Future: Scrutiny of retained EU law and assimilated law at the UK and Scottish Parliaments. Zeitschrift für Parlamentsfragen, 55 (3). pp. 606-618. ISSN 0340-1758 (https://doi.org/10.5771/0340-1758-2024-3-606)
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Abstract
The UK’s departure from the EU caused significant challenges in terms of legal continuity, and specifically how to retain EU law after Brexit to avoid a “cliff edge” scenario . Once Brexit was completed, the focus shifted to reforming or repealing retained EU law . Both processes have been led by the UK Government through the UK Parliament, but with governmental consent and parliamentary approval from the devolved nations where relevant . This article summarises the past powers and processes which underpinned the retention of EU law prior to Brexit, and the parliamentary scrutiny of that process in the UK with a particular focus on the devolved nation of Scotland . It then considers the present frameworks which have been in place following Brexit for changing retained EU law (now known as assimilated law): the revised process for Scottish parliamentary scrutiny, the Scottish Government’s keeping pace commitment, and the reforming powers now in effect under the Retained EU Law (Revocation and Reform) Act 2023 . It will conclude by reflecting on the future scrutiny challenges for both the UK and Scottish Parliaments .
ORCID iDs
Taylor, Robert Brett and Wilson, Adelyn L M ORCID: https://orcid.org/0000-0001-5398-6799;-
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Item type: Article ID code: 90863 Dates: DateEvent11 October 2024Published11 September 2024AcceptedSubjects: Law > Law of the United Kingdom and Ireland > Scotland
Law > EuropeDepartment: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 16 Oct 2024 09:24 Last modified: 11 Nov 2024 14:28 URI: https://strathprints.strath.ac.uk/id/eprint/90863