What does the UK government's plan to repeal the European Communities Act 1972 mean? Culmer Raphael Associate Penelope Nevill gives her view on the significance and relevance of the proposal.
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Along with announcing that Article 50 would be invoked by March 2017 the Prime Minister has stated that her government will publish a Bill to repeal the 1972 European Communities Act. How significant is this.
"Repealing the European Communities Act 1972 (and the European Union Act 2011) is the necessary corollary of withdrawing from the EU Treaties by giving notice of intent to withdraw from the Treaties under Article 50 of the Treaty on European Union (TEU).
The effect of the Bill when enacted will not be to terminate the UK’s membership of the European Union. As a matter of international law, the UK is a party to the EU Treaties until its withdrawal under Article 50 takes effect. The actual withdrawal date is not set yet, because it will be the subject of negotiations with other EU Member States under Article 50. If they cannot agree, it will be two years from the date notice is given by the UK, expected to be March 2017."
Read the full analysis online here, answering questions including: what happens if the EU 27 just 'run the clock down' on the exit talks – does the UK 'leave with nothing' after two years?; and how long might this process take - wouldn’t it be very lengthy (perhaps a decade)?