Letter to Directorate-General for Justice: Legacy E.U. Level 2 legislation : 31 July 2018

The FMLC has sent a letter to the European Commission, drawing attention to the question of the status of Level 2 E.U. legislation in the event the relevant Level 1 act (the “Parent Act”) is repealed.  As the Parent Act empowers the Commission to adopt Level 2 measures and technical standards, the seemingly natural outcome of the Parent Act being repealed would be for related implementing measures, which will have lost their underlying legal basis, to be repealed too.  The Committee has, however, observed several different outcomes in this context and requested clarification, if possible, on how the status of such Level 2 legislation is decided.

The FMLC has also written separately to HM Government highlighting these questions in view of the proposal to copy into the U.K. statute book all E.U. law which is “operative” in preparation for Brexit.

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