The impact of Brexit on the UK legal landscape

Website design By BotEap.comBrexit is now a reality after the EU referendum resulted in a 52% ‘Leave’ vote. What remains to be seen is how and when we will leave the EU and what will be the shape of our future relationship with it. There are still a huge number of unknowns, but the impact of Brexit on the UK legal system could be wide-ranging in many areas, whatever form Brexit takes.

Website design By BotEap.comUnder the Ordinary Legislative Procedure (in somewhat simplified terms), the Executive body, the European Commission (essentially the civil service and the EU government) propose new legislation. The proposals are then commented on and reviewed by the European Parliament (which has directly elected representatives but without legislative initiative) and by the Council of the European Union (Council), the main decision-making body made up of ministerial representatives from each Member State. member. Trilogies then begin between the three bodies to resolve differences and finally agree on legislation. Legislation can also be adopted under the more complex Special Legislative Procedure. For law firms in London, you need to keep a close eye on this part.

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Website design By BotEap.comThe Treaties of the European Union establish the constitutional basis of the EU and are the highest level of EU law. They create the Single Market based on the four fundamental freedoms of the European Union: free movement of people, services, goods and capital. The EU Treaties are incorporated into UK law by the European Communities Act 1972 (ECA), which also provides the legislative basis for transposing EU law into national law and gives priority to binding provisions of EU law over inconsistent UK law and law firms in London.

Website design By BotEap.comRegulations and Directives

Website design By BotEap.comAt the next level of legislation are the EU Regulations. These are directly applicable under the Treaty on the Functioning of the European Union, which means that they apply in the Member States without the need for implementing legislation. Rather, the Directives require Member States to make laws to transpose them into their own legislation. This has resulted in different Member States taking different approaches, for example through ‘gold plating’ legislation, ie going beyond the scope of the Directive. However, as the EU has focused on “ever closer union”, directives have recently tended to be maximum harmonization measures, meaning that gold plating is not allowed and in 2011 guidelines were adopted to avoid gold plating in the UK.

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Website design By BotEap.comAt the lower end of the legislative scale are the Commission decisions that are binding on the matter and the opinions and recommendations that do not have legally binding effect.

Website design By BotEap.comAreas of influence

Website design By BotEap.comThe EU can only legislate in certain areas. It has no discretion to adopt legally binding acts requiring Member States to harmonize their laws in areas such as health, culture, industry, education and tourism. It has exclusive jurisdiction in the areas of customs union, competition and some common policies. Other areas have shared competence (meaning that Member States can act if the EU has decided not to). These areas include social policy, agriculture, consumer protection, transportation, and the environment. The UK has several opt-out options, including one with respect to freedom, security and justice laws.