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December 21, 2020

Withdrawal Agreement Bill Section 38

Filed under: Uncategorized — ירון @ 5:21 pm

Lord Beith`s amendment would prevent lower courts from departing from ECJ jurisprudence (re-establishing the original position in Section 6 of the EU Act (withdrawal) 2018). Section 7A takes up the wording of the European Communities Act 1972 (which conferred national legal effects on EU legislation during accession) so that directly effective provisions of the withdrawal agreement are available and applicable under the law and without further adoption. It is important – and again with the same type of legal instrument to guarantee the rule of law of the EU during EU membership – Section 7A (3) provides that any decree (including a decree provided for in the law) must be interpreted taking into account the need to implement and enforce directly effective provisions. This mechanism is intended to protect against tacit repeal by contradictory laws, but leaves open an express repeal by the subsequent law. During the reporting phase, the Lords voted in favour of Lord Dubs` Amendment 18 by 300 votes to 220. This would remove clause 37 from the bill and the requirements of Article 17 of the EU`s 2018 Family Reunification Withdrawal Act will come into force. The other argument would be that the RULES of the United Kingdom`s internal market, as part of their intention to adopt provisions contrary to Section 7A, should be explicit in order to be protected by Section 38. A more subtle formulation could provide section 7A (3) to interpret any incompatibility. However, the more the change in the direct effect and application of the withdrawal agreement manifests itself, the more obvious its incompatibility with the agreement could become, triggering the resolution of disputes by the Joint Committee. In Amendment No 9, we are explicitly talking about an economic impact assessment. There hasn`t been one since 2018, and that was the Chequers agreement.

Honestly, after reading the Chequers agreement, which many members on the government benches, including the Prime Minister, did not support, I can say that it was a complete agreement on the cake and eat it. Honestly, it was never an agreement; It was just a wish list that had no chance of happening. Since then, there has been no economic impact analysis or, certainly, an economic impact analysis on the impact of this bill.

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