BREXIT: WHAT HAPPENS NOW FROM A LEGAL PERSPECTIVE?

Posted 14/07/2016 By: Colin Makin

Whether you voted in or out, the nation’s decision on 23^rd June was an historical one but how will Brexit work and what are the legal implications?

The referendum result has no legal effect. Under Article 50 of the Treaty of the European Union the UK government must notify the European Council of its intention to leave the European Union. The Union will then negotiate and conclude an agreement with the UK setting out the arrangements for the withdrawal, taking account of the framework of the UK’s future relationship with the EU.

It will now be up to our new Prime Minister, Theresa May, to give notice under Article 50 which she claims she will not do before the end of 2016. She is thought to want informal talks with other EU leaders first in an attempt to get consensus on how an agreement might look before invoking Article 50. Prior to his appointment as Foreign Secretary, Boris Johnson said that the UK will extricate itself from the EU’s system of legislation.

The EU Treaties will no longer apply to the UK once an agreement comes into force or, failing that, two years after the notification by the UK government of the UK’s intention to leave the Union.The two year period can be extended if the European Council, in agreement with the UK, unanimously decides to do so.During the negotiation period, the UK will remain a member of the EU and must abide by its laws. If the time limit expires, EU law will cease to apply in the UK from that point.

The terms of any agreement between the UK and the EU may determine what EU laws the UK will need to continue to comply with and the UK government will need to pass legislation to give effect to that.If that is not the case, the government will need to uncouple EU law from UK law.What the government may do is pass legislation to maintain all UK law (including legislation derived from the EU) as at a given point in time and then seek to amend or repeal laws going forward without the influence of EU law. We cannot know, at this point, what those changes will be.