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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Retained EU Law and the Retained EU Law (Revocation and Reform) Bill
Author: Sarah McKay
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Published: Monday 07 Nov 2022 (SB 22-62)
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Overview
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Overview
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Summary
Part one: retained EU law
What is retained EU law?
Why was retained EU law created?
EU law and its principles
Why does the status attached to pieces of retained EU law matter?
Retained EU case law
Legislative competence of the Scottish Parliament
How can retained EU law in devolved areas be changed at present?
UK Government dashboard of retained EU law
Background to Retained EU Law (Revocation and Reform) Bill
Part two: the Retained EU Law (Revocation and Reform) Bill
What does the Bill do?
Sunset of retained EU law
Creation of new category of law: assimilated law
Enhancing existing powers to modify retained direct EU law
Ministerial powers to amend, retain and repeal retained EU law
The power to preserve retained EU law
The power to extend the sunset
The power to restate retained EU law
The power to restate assimilated law
The power to revoke or replace
The power to update
Interpretation: ending the principle of supremacy and general principles of EU law
The courts and retained EU case law
Reception of the Bill
Scottish Government view of the Bill
Devolution issues and the work of the Constitution, Europe, External Affairs and Culture Committee
Powers for UK Ministers to act in devolved areas
The Sewel Convention and consent
Keeping pace with EU law
New constitutional arrangements
The UK Internal Market Act 2020
Common frameworks
The Northern Ireland Protocol
Trade and the EU-UK Trade and Cooperation Agreement
Challenges for parliamentary scrutiny
Sources
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