The Brexit Impact on the British Legal Order
We enrol our approach in the broader context of European Community life dynamics that, after the Treaty of Lisbon (2009), was strongly marked by the challenges culminating in the clear and firm intention of the UK to leave the European Union.
The intent was finalised following a referendum in June 2016 with the activation of art.50 of the Treaty of Lisbon governing the right of states to decide to withdraw from the EU. Thus, on March 29, 2017, the London government began the withdrawal procedures from the EU. There are numerous and complicated economic, social, and legal consequences if the UK maintains its withdrawal position, although until the end of the transitional period (ending on 31 of December, 2020) it is possible to abandon this position and remain in the European Union.
The “Eurosceptic” current is present, escapes from the economic and social spheres to contaminate the level of political life, putting the British in the face of a new dilemma: to remain in the EU with the renegotiation of Britain’s position or leaving the Union. The general perception was that the first solution is extremely difficult, so difficult to achieve practically. Therefore, the exit solution was preferred, with extremely serious consequences (some unpredictable) on social, economic and legal realities.
The legal consequences are felt on two levels: the one of British modern law and the one derived from the ratification of the European Convention on Human Rights. Under British modern law, the legal sources are in increasing order of importance: common law and statute law. Britain’s accession to community life structures had the greatest impact on the British legal order, which had to be harmonized with Community regulations, creating new sources of law.
The present article insists on the major influences of Brexit on the rule of law in the UK..
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