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UK Parliamentary Scrutiny of the EU Political and Legal Space after Brexit *
Author(s) -
Cygan Adam,
Lynch Philip,
Whitaker Richard
Publication year - 2020
Publication title -
jcms: journal of common market studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.54
H-Index - 90
eISSN - 1468-5965
pISSN - 0021-9886
DOI - 10.1111/jcms.13111
Subject(s) - brexit , parliament , europeanisation , political science , legislature , scrutiny , politics , law , political economy , law and economics , european union , sociology , international trade , economics
This article considers the effect of Brexit upon the UK Parliament and whether Brexit will reverse the ‘de‐parliamentarisation’ that has been identified through EU membership. Supporters of Brexit identified an end to ever closer integration, or Europeanisation, and restoration of parliamentary control over repatriated competences as a key benefit of Brexit. Firstly, this article explores how Parliament may adapt to leaving the institutional structures of Europeanisation and whether this may lead to ‘de‐Europeanisation’ of UK law, policy and practice, including how UK courts may respond to ‘de‐Europeanisation’ in their application of Retained EU law. Secondly, the article examines the extent to which Brexit might produce a ‘reparliamentarisation’ as Parliament exercises repatriated competences. We argue that this depends on the future UK‐EU agreement and the extent to which it utilises EU legislative norms and principles. Finally, we review how different future relationship scenarios may impact upon Parliament’s engagement with EU affairs.