Peers call for EU case law to be protected after Brexit

Plans to give ministers the power to overrule EU case law, with major implications for environmental protections, have come under fire from a House of Lords committee, which has warned they raise “substantial constitutional concerns”.

Peers examining the EU (Withdrawal Agreement) Bill, which passed its third reading the House of Commons last week, have called for the removal of a provision allowing ministers to decide if any court or tribunal should be bound by rulings from the Court of Justice of the EU.

Professor Colin Reid, an associate of the Brexit & Environment research network, warned last week that the new provision - clause 26 - “risks dismantling key strands of environmental law as it is applied today”. 

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