The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.
Clause 26 introduces in Section 6 of the EU (Withdrawal) Act 2018 new subsections (5A) through (5D) that allow Ministers of the Crown to issue regulations to any “relevant court or tribunal” on how to interpret and even to disapply EU retained case law as well as domestic case law which relates to EU retained case law. The word ‘relevant’ seems to refer only to those courts that…
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Utopia, you are standing in it! 
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