On 12/11/2016 14:20, Optimist wrote:
On Sat, 12 Nov 2016 10:53:30 -0000, "tim..." wrote:


"Roland Perry" wrote in message
...
In message , at 09:10:00 on
Sat, 12 Nov 2016, Optimist remarked:

The question was more for yourself, to make you think about the
complexities of the situation. I doubt if the Great Repeal Bill will go
into the level of detail above, for the hundreds of Directives which
will need considering.

Er, no.

Directives are instructions from EU to member states to legislate, so
their provisions are already
law.

But rely on ECJ caselaw.

There is no such thing

Not in the sense that the result of the case is itself a law.

What a ruling in the ECJ does is require the noncompliance to be amended in
the country's underlying law

once that is done the result of the case is now irrelevant


Will we airbrush that out on Brexit day, or will we (can we even) continue
to rely upon it?


we will be "stuck" with our interpretation the day that we leave.

If someone doesn't like that they will have to ask our courts to adjudicate.
That adjudication might be different from the ECJ's because only the law as
written will be considered, not the original directive's intention.

what's so wrong with that?


Quite right Tim. And ultimately parliament has the power to change the law. That's what the
Referendum was all about.


Tell that to the Daily Mail.

--
Graeme Wall
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