UK: Johnson plans to give lower courts power to overturn EU law after Brexit

Prime Minister Boris Johnson plans to give British judges the power to overturn rulings of the European Court of Justice, The Times reports.

Under Theresa May it was agreed that the acquis of EU law would be transferred into domestic law after Brexit. This would mean only the Supreme Court and High Court of Justiciary would be able to depart from it.

But a new clause in Mr Johnson’s withdrawal agreement bill would allow the lower courts to overturn rulings from the European court.

The plans could have a serious effect on workers’ rights and consumer law, for example in the area of holiday entitlement while on sick leave.

Lord Pannick QC said: “To allow courts other than the Supreme Court to depart from the decisions of the Court of Justice of the EU in relation to transposed EU law would cause very considerable legal uncertainty.”

MPs will vote on the bill on Friday, which will also include a clause outlawing any extension on the transition period beyond the end of 2020. Mr Johnson will also abandon amendments that would have allowed MPs oversight of negotiations of the trade deals after Brexit and the House of Commons will no longer be allowed to vote on extending the transition period.

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