The Constitution Committee hears evidence from the former President of the Supreme Court, the Rt Hon. Lord Neuberger of Abbotsbury, and Richard Gordon QC, a practising barrister specialising in constitutional law, as part of its scrutiny of the European Union (Withdrawal) Bill.
The Committee expect to hear the witnesses' views on how the UK courts should interpret post Brexit judgments from the European Court of Justice (CJEU); the implications of disapplication of the Charter of Fundamental Rights; and whether the bill, as currently drafted, provides legal certainty on exit day.
Wednesday 1 November 2017 in Committee Room 1, Palace of Westminster
- The Rt Hon. Lord Neuberger of Abbotsbury, former President of the Supreme Court
- Richard Gordon QC, Barrister
- What will be the status of retained EU law in UK law post-Brexit?
- How should the UK courts should interpret post Brexit judgments from the European Court of Justice (CJEU)?
- What will be the impact of the transfer of EU treaty rights under the Bill?
- If the Charter of Fundamental Rights is disapplied, how will the retention of the rights and principles which exist irrespective of the Charter be interpreted by the courts?
- What is the impact of the supremacy principle not applying to any enactment or rule of law passed or made on or after exit day?
- What challenges would a transitional period pose for the courts in interpreting the status of EU law or "retained EU law" respectively?