Repealing (but Retaining?) EU Law: The Constitutional Realities of Brexit

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Conférencier : Prof Gordon Anthony (Queen’s University Belfast)
Date de l'événement : vendredi, 02 juin 2017, 15:00 - 16:30
Lieu : Campus Weicker, room B001
4, rue Alphonse Weicker
L-2721 Luxembourg


Prof Robert Harmsen (University of Luxembourg)

Presentation by

Prof Gordon Anthony (Queen’s University Belfast)

Commentary by

Kieran Bradley (Court of Justice of the European Union)


One of the outcomes that “Brexit” is supposed to achieve is an end to the primacy of EU law in UK courts. However, it is already becoming apparent that there will be a difference between the form and substance of any such change. The UK Government’s current proposals for a “Great Repeal Bill” acknowledge that much of the corpus of EU law will have to remain in force at the time of Brexit and that pre-Brexit rulings of the CJEU will continue to have effects in
the courts after any (or no) Brexit agreement is reached. This lecture considers the constitutional implications of these proposals, how they may work in practice, and what they may mean for the common law’s relationship with
EU law more broadly. It also considers some of the challenges that the courts might encounter in the particular areas of discrimination law and environmental law, where the overlay of domestic, European and international standards may complicate any idea of repeal.

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Fichier : Invitation-The Constitutional Realities of Brexit.pdf 288,73 kB