Introduction
| Date | 01 January 2018 |
| Pages | 107-109 |
| Published date | 01 January 2018 |
| Author | |
| DOI | 10.3366/elr.2018.0459 |
Leaving the European Union (“EU”) will be the most significant systemic change to Scots law since the creation of the Scottish Parliament in 1999. The essays in this special Analysis section survey some (though by no means all) of the key aspects of the legal system likely to be affected by Brexit. In some of these areas, such as agriculture and fisheries, EU law has been the central source of legal regulation since we joined what was then the European Economic Community in 1973. In other areas, EU law has played a role alongside domestic regulation, in greater or lesser degrees.
At the time of writing (November 2017) – some sixteen months after the EU referendum and seven months after formal notification of the United Kingdom's intention to withdraw from the EU was given under Article 50 of the Treaty on European Union – it is surprising just how much uncertainty there still is about the likely effects of Brexit. The articles in this section identify three key sources of uncertainty.
The first concerns what sort of relationship, if any, the UK will continue to have with the EU-27 post-Brexit, and what other trade deals we may negotiate in future. In some areas, such as agriculture and fisheries, it seems most likely that we will cease to have a special relationship with the EU-27, and hence will no longer be subject to EU law. In other areas, such as energy, financial services, and policing and criminal justice, it may be in the interests of both the UK and the EU-27 for us to continue to cooperate closely, whether through participation in the EU single market or engagement with EU programmes and agencies, although it is almost certain that this will mean a loss of influence for the UK over decision-making, and it is unclear whether acceptable terms will be negotiable. In other areas still, such as environmental standards, we may be constrained to follow EU law anyway in order to continue to trade with EU Member States. And of course, to the extent that we are no longer subject to EU law, other external constraints, such as environmental or fisheries treaties, World Trade Organisation rules, or the terms of new bilateral trade deals will take on a new significance.
The second area of uncertainty concerns the continuity of effect to be given to existing EU law. The European Union (Withdrawal) Bill (“the Bill”) seeks to maximise legal certainty by providing for continuity of effect of both EU-derived primary and secondary legislation, and for...
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