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Go and read Article 50. Extension to two year period by agreement on Council if requested by UK.
by Colman (colman at eurotrib.com) on Sat Dec 1st, 2018 at 06:40:12 PM EST
[ Parent ]

... a transition cannot be delivered by the European Union (Withdrawal) Act, which was passed just over a month ago. That Act operates on the assumption that the UK will leave the EU on exit day. It chooses that day as the `switch-over' point, after which the European Communities Act 1972 (ECA) is repealed and most (but not all) EU law is converted into domestic law (or 'retained EU law').

If exit day is to stay at 29 March 2019, but the UK is to give effect to EU law `proper' (rather than `retained' EU law) beyond that day, fresh legislation is needed. A new Act of Parliament will have to amend the Withdrawal Act before the new scheme of `retained EU law' replaces the ECA.


The EU Treaties would cease to apply to the UK two years after the notification of an intention to withdraw [i.e. March 29, 2019] and the ECA is repealed at the same time. There can be no `transition period' without a withdrawal agreement.

Emphasis added

She believed in nothing; only her skepticism kept her from being an atheist. -- Jean-Paul Sartre

by ATinNM on Sat Dec 1st, 2018 at 07:25:22 PM EST
[ Parent ]
I presume the distinction between "retained" and "proper" EU law is that "retained" law is whatever the law was at the time of retention, and "proper" EU law is dynamic, it can be changed by the appropriate EU institutions using prescribed processes at any time. For the moment the distinction is academic, but some divergence could occur over time during a transition period or while the UK remains associated with the CUSM if a deal is agreed. The fact that the UK could remain subject to aspects of EU law while having no formal say in its adoption is one of the most controversial aspects of the deal in the UK, even though it is only "common sense" from an EU perspective. (You want to be part of our market, you play by our rules...)

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Dec 2nd, 2018 at 12:24:00 PM EST
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