Brexit bill risks trashing green EU case law, expert warns

The new Withdrawal Agreement Bill could allow ministers to tear up crucial environmental case law from the Court of Justice of the EU (CJEU), a legal expert has warned.

The bill, which MPs will begin examining in detail today, includes a new provision that gives the government the power to decide whether any court or tribunal is bound by EU case law retained after Brexit. 

The provision goes beyond the mechanism set out in the 2018 EU (Withdrawal) Act, which only allows the High Court or Supreme Court to consider departing from CJEU case law. 

Environmental law group ClientEarth had drawn attention to the change before Christmas, warning that the bill could jeopardise legal efforts to hold ministers to account over issues such as air pollution. 

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