European Union Law by Anthony Arnull

Author:Anthony Arnull [Arnull, Anthony]
Language: eng
Format: epub
ISBN: 9780198749981
Publisher: Oxford UP
Published: 2017-02-10T06:00:00+00:00

The result of the referendum, which was only advisory, proved contentious. Concerns about the veracity of some of the claims made during the campaign led to calls for a second referendum to be held. Scotland having voted overwhelmingly in favour of remaining in the EU, the Scottish Government immediately raised the possibility of a second independence referendum.

The morning after the referendum, the then Prime Minister David Cameron announced that he would resign when a successor had been chosen and leave to that person the responsibility for invoking Article 50. Following an unexpectedly short leadership contest, Theresa May became Prime Minister on 13 July 2016. One of her first acts was to establish a Department for Exiting the European Union to oversee negotiations and establish the UK’s future relationship with the EU. On 2 October 2016, May announced that Article 50 would be invoked by the end of March 2017. However, on 24 January 2017 the Government’s control over the process was weakened when the UK Supreme Court ruled that it lacked the power to invoke Article 50 without parliamentary enabling legislation (R (Miller) v Secretary of State (2017)).

Once the withdrawal process commences, the immediate task will be to reach agreement on two issues. The first is how to disentangle the UK from the rest of the EU. For example, what should be done about EU nationals resident in the UK and UK nationals resident in the EU, EU bodies based in the UK, UK staff working in EU institutions? The second is the framework for the UK’s future relations with the EU. This will need to be fleshed out subsequently.

On withdrawal, legislation repealing the European Communities Act 1972, which gives legal effect in the UK to the obligations of EU membership, will take effect. It will convert EU rules into domestic rules. Decisions will then be taken on whether or not they should be retained. The outcome of this process may depend on the extent to which the UK secures continued access to the internal market. Withdrawal will mean that the UK is no longer covered by the many trade deals concluded by the EU, so it will need to strike new ones with third countries. All this could occupy Parliament, the Government, and the Civil Service for many years.

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