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In some areas where the existence of common frameworks at EU level has also provided common UK frameworks, it will be important to ensure that this stability and certainty are not compromised.Įxamples of where common UK frameworks may be required include where they are necessary to protect the freedom of business to operate across the UK single market and to enable the UK to strike free trade deals”. “As we leave the EU, we have an opportunity to ensure that returning powers sit closer to the people of the United Kingdom than ever before. In its white paper for the ‘Great Repeal Bill’ as the Withdrawal Bill was formerly known (“Legislating for the United Kingdom’s withdrawal from the European Union”, March 2017 (Cm 9446)), the UK Government had the following to say (at page 7): They play a particularly important role in EU internal market policy, setting out the ground rules and EU-wide supervisory and oversight arrangements for many internal market regulatory regimes (such as those for financial services, energy, telecoms, transport and procurement).īrexit and the need for ‘Common Frameworks’
Take, for instance, “Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for the Community action in the field of water policy” which is better known as ‘the Water Framework Directive’.ĭirectives are ubiquitous in the context of framework-setting, not only in fields such as environmental policy, but in many other areas. Indeed, directives themselves often contain language which explicitly describes them as setting frameworks. This core feature of directives (binding as to result only) makes them ideally suited for the purpose of setting a policy framework at EU level with Member States then more or less free, within that constraint, to legislate for their own particular circumstances. The UK Government ought to clarify its plans as regards these crucial internal market measures, in the interests of assisting firms and their advisers in their Brexit preparations.Īrticle 288 of the Treaty on the Functioning of the European Union provides that a directive, “shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods”.
The European Union (Withdrawal) Bill seems to make no clear provision for EU Directives to play a role in the UK domestic legal scene following Brexit.
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