With the triggering of Article 50 the negotiation for Britain to leave the EU has begun. One of the factors that led to the vote was the argument that it would allow for Britain to have more say in its own laws. However, the other argument was that it could result in more grey areas and difficulties as the UK tries to establish what those new laws are. In this article, we are going to look at five ways that Brexit could potentially affect UK laws, looking at both the potentially positive and negative factors.
- Some may change, some may not
A lot of laws in the UK are already based around EU recommendations. It may be that some may be kept (such as recommendations regarding clean water and other environmental laws) while others may be changed. Essentially, a lot of this will depend on the negotiations and “divorcing” procedure that occurs with the EU.
- Human rights
One aspect people bring up is the court of human rights. People have suggested that if we leave the EU then we could re-establish whether or not we are involved with this. However, it should be pointed out that the European Court of Human Rights is separate from the EU itself and therefore that would be something that the UK would have to leave as well.
One argument that was presented in favour of Brexit was that it would reduce bureaucracy. Whether or not this will be true in the long term remains to be seen but in the short term it is likely that this will increase as lawyers are brought in to see what laws remain relevant and applicable after the negotiations to leave the EU are completed.
A potential complication is how UK employment law will be affected- the EU working time directive is one example by Remain campaigners as important because it means workers get statutory holiday and other rights.
While border checks will not be immediately put in this may be a possibility over the next few years. One potential legal issue would be the freedom to travel.
Another aspect is compensation- currently under EU law you can claim compensation if a flight out of EU countries is delayed or cancelled. While this may remain as part of negotiations there is the fear that this could be watered down. There is also questions about the future of EHIC cards and the potential for increased health costs.
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In short, at present a lot of the legal developments will depend on how the negotiations go so it is difficult to say exactly how much EU law will remain after this process has been completed.
What we can say is that at Larcomes we have the resources and experienced professionals to help you adapt to any change. If you would like to know more please contact us today so we can help you adapt as necessary.