European Union (Withdrawal) Bill

Part of the debate – in the House of Commons at 12:18 pm on 7th September 2017.

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Photo of David Davis David Davis The Secretary of State for Exiting the European Union 12:18 pm, 7th September 2017

In a moment.

For that reason, the Bill ensures that any question as to the meaning of retained law is to be decided on in UK courts in accordance with the Court of Justice’s case law and retained general principles of European Union law as they stood on exit day. That approach maximises stability by ensuring that the meaning of the law does not change overnight and that only the Supreme Court, and the High Court of Justiciary in Scotland, will be able to depart from retained EU case law. They will do so on the same basis on which they depart from their own case law. Any other approach would either actively cause uncertainty or fossilise EU case law for ever.