Letter to Ministry of Justice: Legacy E.U. Level 2 legislation and “retained” law: 31 July 2018

The FMLC has sent a letter to the Ministry of Justice, 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to the question of the status of Level 2 E.U. legislation in the event the relevant Level 1 act (the “Parent Act”) is repealed.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the Commission to adopt Level 2 measures and technical standards, the seemingly natural outcome of the Parent Act being repealed would be for related implementing measures, which will have lost their underlying legal basis, to be repealed too.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.  Uncertainties associated with identifying whether Level 2 E.U. legislation has been repealed are especially significant in the context of the U.K.’s withdrawal from the E.U. and HM Government’s proposal to copy into the U.K. statute book all E.U. law which is “operative”.

The FMLC has also written separately to the European Commission to request clarification on how the status of such Level 2 legislation is decided.

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