Apart from the "Backstop" which I feel was a deflection by Mrs May to avoid too much scrutiny, what else is in the "Deal" Am sure that someone on here has looked at what is going to be agreed to in our name, not sure there's bin much on Telly about the rest of the agreement. Over to the political wing of BBS, ...….ta
We're still at the withdrawal agreement stage. Irish border, treatment of Uk nationals living in EU and EU nationals living in UK and the monetary settlement... which we've already started paying. Trade deals and how we interact with EU member states and its organisations are the next phase.
Big one mate! The European Union (Withdrawal) Act 2018 provides that EU-derived domestic legislation continues to have effect after exit day, and that directly applicable EU law also continues to have effect. However, in regard to UK laws enacted after exit day then the supremacy of EU law no longer applies. So the existing legislation is preserved for the purposes of continuity, but laws passed afterwards which contradict the EU-derived or directly applicable law will supersede the latter and in effect, repeal those laws. Hope that's clear!
If there was a deal, we would immediately enter into a 2 year transition period, so technically, very little would change as they advance to phase 2. If no deal is agreed (though that shouldn't be the case given parliaments instruction to the govt through the Benn Bill to act for an extension), technically, any laws and instructions with the EU should instantly terminate at midnight on 31st October.
Even without a deal the 2018 Act provides that the existing laws are preserved until superseded by domestic legislation, which would not be subject to the supremacy of EU law after exit day..
I wouldn't have though a great deal of cases would be pushed through to the ECJ though. Most cases in the Uk will be dealt with my our lower courts. I've not been aware of any initial tinkering to those statutes as yet. I recall May tried to get a clause in that anything could just be amended by secondary legislation meaning bypassing the commons and normal scrutinising chambers, but I can't recall if she lost that vote or not.
I think that Section 6 of the 2018 Act provides that a UK court or tribunal would consider European Court cases decided before exit day in interpreting any EU-derived or directly applicable legislation, but would not consider any cases decided by the European Court after exit day. It also provides that a UK court or tribunal could not refer any cases to the European Court after exit day. The Supreme Court is not bound by any retained EU case law however (though would presumably be at liberty to consider it if they felt it appropriate).
And in event of no deal? ECJ just drops completely? What would happen with existing/ pending cases and hearings?
Damn it... I thought I was going to get through the whole day without saying c... womble too... maybe tomorrow *sigh*
I don't think the 2018 Act depends on deal or no deal - I think it just views the situation from the UK side. I would presume that pending cases would be determined according to the law applicable at the time they were brought - but I'm not sure. But whether there are many (or any) at present I know not.
This. There won't be a deal. We know that there won't be a deal. Johnson knows that we know there won't be a deal. But with the current 'wi shud just gerrart' mentality of the people keeping these billionaire crooks in office, it simply doesn't matter. They can literally get away with anything.
Nobody is interested in getting a good deal. Boris prefers no deal and the rest want to use a bad deal to load the dice in a vote v remain.