European Union (Withdrawal) Bill — Schedule 1 — Retention of General Principles of EU Law — 21 Nov 2017 at 21:00

The majority of MPs voted against retaining general principles of EU law derived from EU treaties, direct EU legislation and EU directives, as part of UK law after the UK leaves the EU, and voted to only retain those general principles deriving from European Court [of justice] case law.

MPs were considering the European Union (Withdrawal) Bill^[1].

The amendment rejected in this vote was:

• Amendment 336, page 15, line 17, leave out paragraphs 2 and 3 and insert—
• “2A (1) Any general principle of EU law will remain part of domestic law on or after exit day if—
• (a) it was recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case);
• (b) it was recognised as a general principle of EU law in the EU Treaties immediately before exit day;
• (c) it was recognised as a general principle of EU law by any direct EU legislation (as defined in section 3(2) of this Act) operative immediately before exit day; or
• (d) it was recognised as a general principle of EU law by an EU directive that was in force immediately before exit day.
• 2B Without prejudice to the generality of paragraph 2A, the principles set out in Article 191 of the Treaty on the Functioning of the European Union shall be considered to be general principles for the purposes of that paragraph.
• 2C For the purposes of paragraphs 1A and 1B the exit day appointed must be the same day as is appointed for section 5(1) of this Act and must not be before the end of any transitional period agreed under Article 50 of the Treaty on the Functioning of the European Union.”

The rejected amendment was accompanied by an explanatory statement saying:

• This amendment would retain the existing principles of EU law within domestic law whether they originate in the case law of the European Court, the EU treaties, direct EU legislation or EU directives. The freeze date would be at the end of any transitional arrangements

Paragraphs 2 and 3 of Schedule 1^[2] of the Bill, which would have been excised had the amendment not been rejected were titled General principles of EU law and stated:

• 2. No general principle of EU law is part of domestic law on or after exit day if it was not recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case).
• 3 (1) There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law.
• (2) No court or tribunal or other public authority may, on or after exit day—
• (a) disapply or quash any enactment or other rule of law, or
• (b) quash any conduct or otherwise decide that it is unlawful, because it is incompatible with any of the general principles of EU law.

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• [1] Parliament's webpage on the European Union (Withdrawal) Bill
• [2] Schedule 1 of the European Union (Withdrawal) Bill as at the time of the vote

Debate in Parliament |