Introduction
Reform agenda: re-legislating for new UK employment laws
What is in scope of the sunset clause?
What is not on the reform agenda?
Key questions about legislative reform
Turning off supremacy, ECJ case law and general principles of EU law
Comment
Introduction
After Brexit, the United Kingdom's transition out of the European Union was eased by the retention of a "snapshot" of applicable EU law in force in the United Kingdom on 31 December 2020, known as "retained EU law". The new Retained EU law (Revocation and Reform) Bill aims to dramatically speed up the process of removing and replacing these retained EU laws. The government's press release says that this will enable the UK government to create regulations tailored to the United Kingdom's own needs, doing away with outdated and burdensome EU laws.
The United Kingdom is already free to remove retained EU law, but only by using certain tightly defined processes. Seemingly, this is seen as too slow. The Bill allows for the scrapping or replacing of EU law by means of regulations. This is a much faster process and involves less parliamentary scrutiny. Crucially, the Bill includes a "sunset clause" meaning that, at the end of 2023, what is left of some retained EU law will simply vanish and disappear into the night (although this can be extended to June 2026 if the government needs to extend the deadline in relation to specific laws).
Reform agenda: re-legislating for new UK employment laws
The Bill includes...
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