BFL0053 Bibliography Analysis 2022

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Student’s Name
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Contents
Introduction......................................................................................................................................2
Discussion/analysis..........................................................................................................................2
Conclusion.......................................................................................................................................8
Bibliography..................................................................................................................................10
Legislations 10
Other sources 10

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Introduction
Every nation is governed with a set of rules and laws where some are domestic law and some of
the laws are international. If to discuss the position of the United Kingdom, the same was a
member of the European Union till 31st January 2020. Being a member of the subjective union
UK was liable to comply with EU law also in addition to the national law. EU law is a system of
law that applies to all the members of this union. It overrules the domestic laws of the nation
whenever there is a conflict. The situation was all correct when the UK was a part of this union
but now since the situation is not the same, the main issue to discuss here the application of EU
law in the UK after it exits from the union.
The main objective of this report is to check how important the EU law will be in the UK after
Brexit. Here the term Brexit has been used for the agreement whereby the UK government was
decided to no longer remain part of the EU. In this report, the discussion will be made on the
European community act 1972 (EC 1972) and other primary and secondary legislation, EU
rights, EU citizenship, and its results.
Discussion/analysis
Before understanding the applicability of EU law after Brexit in a different area, this is to state
that EU laws come in a different form and after Brexit rights and liabilities will be turned into
UK law in different ways. Up to what limit EU law will be applicable depends on the nature and
content of that particular law. Firstly to discuss one of the significant laws related to EU i.e. ECA
19721 this is to state that the same has been developed by the parliament of the UK. The act
1 European Communities Act 1972

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consists of legal provisions to the access of the UK to three the European communities namely
coal and steel community, EEC and Euratom. By the virtue of this act, EU Law became binding
on all other legislation passed by the UK parliament. In other words, this can be stated that it is a
statue that provides EU law a domestic effect in the UK. The act is important to discuss here also
for the reason as it consists of many of the treaties which are base of EU law such as Treaty on
European Union (Consolidated version 2016), Treaty on the Functioning of the European Union
(Consolidated version 2016)- TFEU and many others. ECA 1972 implement those treaties and
by the virtue of these treaties, the EU can make direct regulation for all its member states. Here
the term direct regulation refers that the EU has the power to make laws for the member state
without waiting for any national legislation. Whatever action the EU takes can be found under
treaties, which are binding agreements between the EU and its member states. These treaties are
known as primary legislation. On the different side directives, decisions, regulations, opinions,
recommendations, and other bodies of laws, which comes from objectives and principles of the
treaties are also an important source of EU law2. These can apply in the UK either by an act of
parliament (primary legislation) or by secondary legislation. For instance, the working time
directive has been implemented through working time regulations in the UK. In this way, the
importance of this act is far clear, as without the same no EU treaty or EU legislation shall affect
the UK.
The UK government has announced that the act (ECA 1972) will repeal and a new bill shall be
introduced to repeal it3. It means after Brexit, the act is no more likely to apply to the UK.
Therefore the EU law shall also not applied to the UK anymore in the future as the country has
2 'Types Of EU Law' (European Commission - European Commission, 2020) <https://ec.europa.eu/info/law/law-
making-process/types-eu-law_en> accessed 17 February 2020.
3 'Government Announces End Of European Communities Act' (GOV.UK, 2020)
<https://www.gov.uk/government/news/government-announces-end-of-european-communities-act> accessed 17
February 2020.