1. Exquisite Tweets from @ProfMarkElliott

    PreoccupationsCollected by Preoccupations

    EU (Withdrawal) Bill is gift that keeps on giving. Its own Byzantine nature is matched only by complexity of legal regime it will create +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Much of the focus so far has been on the extraordinary powers the Bill gives to the executive in order to amend retained EU law. +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    But there are very grave issues as to legal certainty as well, given some serious and fundamental ambiguities in the Bill. +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Two such (related) ambiguities concern the status of retained EU law in terms of where it sits in relation to traditional distinction +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    between primary and secondary legislation, and how clause 5, which saves principle of supremacy of EU law to some extent, will operate +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Likelihood is that "retained EU law" will be around for a long time to come; sunset clauses in Bill concern limit powers to amend +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Follows that retained EU law will be significant part of corpus of UK law for foreseeable future. +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Therefore imperative that Withdrawal Bill is as clear as possible as to how that novel component of UK law relates to rest of domestic law +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    I don't underestimate difficulty of drafting something like Withdrawal Bill. But leaves much to be desired at present +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Issues of legal certainty/clarity raised by Bill are highly technical in nature. Parliament will be tested in scrutinising it. +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    But getting this right is absolutely essential in order to avoid potentially very serious problems down the line. +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Bill joins great deal of other Brexit-related issues in illustrating crushing complexity of something — "leaving" — that sounded so simple +

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott

    Will write about this at greater length in due course. But I'm increasingly convinced the Bill should not be enacted as it stands.

    Reply Retweet Favorite

    ProfMarkElliott

    Mark Elliott