Brexit is a reality as soon as the EU Referendum triggered a 52% ‘Leave’ vote. What remains to appear is how so when we leave the EU and exactly what the shape of our future relationship from it will be. There are still a tremendous number of unknowns nevertheless the impact of Brexit about the UK’s legal system may be wide ranging in most areas, whatever form Brexit takes.
Under the Ordinary Legislative Procedure (in somewhat simplified terms), the Executive body, the European Commission (critically the EU’s civil service and government) proposes new legislation. The proposals are then commented on and revised because of the European Parliament (which includes directly elected representatives but no legislative initiative) and through the Council in the European Union (Council), the primary decision making body consisting of ministerial representatives from each Member State. Trilogies then begin relating to the three bodies to eliminate differences last but not least agree legislation. Legislation can even be adopted beneath the more complex Special Legislative Procedure. For legal firms in London, it will be important to keep an end watch about this part.
The Treaties from the European Union arranged the constitutional basis with the EU and are also the highest amount of EU legislation. They create the Single Market based around the four fundamental freedoms from the European Union: freedom of motion of people, services, goods, and capital. EU Treaties are utilized in UK law from the European Communities Act 1972 (ECA) that also provides the legislative cause of transposing EU law into domestic law and offers precedence to binding provisions of EU law over inconsistent UK legislation and legal firms in London.
Regulations and Directives
At the next amount of legislation are EU Regulations. These are directly applicable beneath the Treaty within the Functioning on the European Union which suggests they apply in Member States without making use of implementing legislation. Conversely, Directives require Member States to draft legislation to transpose them within their own law. This has ended in individual Member States taking differing approaches, as an example, by ‘gold plating’ legislation, i.e. going past the scope from the Directive. As the EU has centered on “ever closer union”, however, Directives have recently somewhat maximum harmonisation measures which implies that gold plating just isn’t permitted and guidelines to stop gold plating were adopted within the UK this year.
At the cheapest end in the legislative scale are Commission Decisions which might be binding about the subject, and opinions and recommendations without any legally binding effect.
Areas of influence
The EU are only able to legislate using areas. It has no discretion to look at legally binding acts which require Member States to harmonise their laws on areas including healthcare, culture, industry, education and tourism. It has exclusive competence inside areas of customs union, competition and many common policies. Other areas have shared competence (which suggests Member States can act should the EU has chosen not to ever). These areas include social policy, agriculture, consumer protection, transport as well as the environment. The UK has various opt-outs, including one out of respect of laws on freedom, security and justice.