Joshua Kern and Richard Reynolds, of 9 Bedford Row and the BiE 'Repeal Bill Observatory', highlight the lack of clarity in the EU Withdrawal Bill about how 'retained' EU law will be interpreted in the future, and explain that it is difficult to foresee a negotiated Withdrawal Agreement which will render all future jurisprudence of the CJEU mere persuasive authority in UK courts.
Read the opinion piece here.
The 'Repeal Bill Observatory' is a BiE initiative that aims to provide a platform for sustained observation, analysis, and discussion on the Repeal Bill, bringing together a wide group of interested stakeholders from across the UK and internationally.