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Constitutional Aspects of the Withdrawal Agreement Legislation
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Lecture notes of 4 pages for the course Constitutional Foundations in the EU at UoS (.)
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Constitutional Aspects of the Withdrawal Agreement LegislationKey Points
What powers the UK Government (and devolved institutions) have for the purposes
of implementing the Withdrawal Agreement.
What powers the UK Government (and devolved institutions) have regarding
retained EU law after the transition period has ended.
What role Parliament has in scrutinising the implementation of the Withdrawal
Agreement and subsequent stages of UK-EU negotiations.
What continuing role the Court of Justice of the European Union (CJEU) will have on
UK law in light of the terms of EU exit.
What withdrawal from the EU means in a broader sense for the fundamental
principles of the UK constitution, such as the sovereignty or legislative supremacy of
Parliament.
Continuity with the Past?
The United Kingdom European Communities membership.
Referendum took place on 5 June 1975 (Referendum Act 1975).
First national referendum to be held throughout the UK.
Referendum question - Do you think that the United Kingdom should stay in the
European Community (the Common Market)?
Permitted answer: YES / NO (to be marked with a (X)).
National turnout of 64% - electorate voted to continue EC/EEC membership
(67% to 33%) - single majority vote.
2016 Brexit Referendum
23 June 2016.
Referendum question - Should the United Kingdom remain a member of the
European Union or leave the European Union?
Permitted answers - Vote to remain a member of the EU or vote to leave the
EU.
Turnout - 72.2%.
UK votes to Leave the EU by 52% to 48% - simple majority rule.
Withdrawal Agreement 2019
Structure:
Part 1 – Common Provisions – Arts 1-8.
Part 2 – Citizen’s Rights – Arts 9-39.
Part 3 – Separation Provisions – Arts 40-125.
Part 4 – Transition – Arts 126-32.
Part 5 – Financial Provisions – Arts 133-57.
Part 6 – Institutional and Final Provisions – Arts 158-85.
Protocol on Ireland/Northern Ireland.
Protocol on Sovereign Base Areas in Cyprus.
Protocol on Gibraltar.
31st January 2020, 11pm.
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