Brexit And The Legal Challenges

It is important to understand the implications of Brexit and what this may effect in the legal sector. It is unequivocal that leaving the European un ion will have a massive effect on employment and other areas of law. This is evident by the amount of integration that we have endured over the past few decades.

The Lisbon Treaty

Article 2 of the TEU sets out democratic, fairer principles of human rights and democracy and Article 3 sets out the objectives of the EU. In order to fulfill these objectives, for example the EU competences which include the customs un ion , establishing competition with the internal market, monetary policy and the common commercial policy, the EU member states must abide by the EU`s primary and secondary law, usually through the forms of directives and regulations. The principle of direct effect, where individuals can directly rely on EU law in court against governments or private parties and that EU law will prevail and will override national law where there is a conflict.

Why has there been EU supremacy?

The reason behind the notion of direct effect and supremacy can be partly explained by the rationale of harmonization which is where the EU creates a common standard across the internal market. This is to enable consistency, standards of practice, and reduce the compliance of burdens faced by individuals and business that conflict with EU rules and regulation. The aim is to protect the free trade area.

Brexit

As can be seen with the ideas presented above, Britain has agreed to these principles in so far as regulation has become an integral part of the legal system, whether for good or for bad. Now, once Article 50 is triggered, the UK may take up to 2 years (longer is member states agree) to leave the EU and the negotiation period is likely to be lengthy and complicated.

However there is hope, many of the laws that the EU has imposed on Britain have merely extended protections that were UK law already for example equal pay, race and discrimination. It is unlikely that we will see a drop in these standards, especially since we will still, for the time being adhere to the European Convention of Human rights.

Whatever the case, it is likely that the changes will not be incorporated for some time. It is more reasonable that the government will take a calm approach and will keep a lot of the law that has already been incorporated but will hopefully repeal the unnecessary regulation imposed on business which stifle expansion and produce more costs than benefits. For example, the cost of recycling waste electrical equipment outweighs the savings from reduced landfill and recycled materials, it would be up to the government to look at studies and to determine whether the costs outweighs the benefits in a variety of sectors. This undoubtedly will be a long process, the question is, will it be worth it? If done correctly and responsibly, it is hopeful that we can preserve employee rights whilst eradicating unnecessary burdening regulation. Time will tell.