Yet Another Reason Why We Should Get Out Of The Eu.

[anotheoldgit]

http://www.dailymail.co.uk/news/article-5025785/Terrorist-convicted-22-murders-win-pay-out.html

[Islay]

I'm confused how is leaving the Eu going to help us manage the laws and judges that make these decisions?

[dannyk13]

Islay
//Tory MP Charlie Elphicke said it was disgraceful that ministers had been blocked from deporting Arranz because of EU legislation – and said the public would wonder who controlled Britain’s borders.//

[Islay]

Yes Danny I saw that, but we have already taken on board all the HR laws that everyone says are bad ahead of the supposed Brexit.
So if this happens now chances are this will happen afterwards if Brexit happens.

[dannyk13]

Islay, we have to take them on board before we can amend or repeal them.

[THECORBYLOON]

It is not clear if, post-Bexit, courts in the UK will have to take into account judgements delivered by the ECJ prior to Brexit. There is also talk of judgements having to be taken into account even if given post-Brexit as long as the case was LODGED whilst in the EU still or during the transition period.

[youngmafbog]

Depends how strong our Government at the time is.

With May and Corbyn being the two at present I would not hold my breath for anything strong coming from there.

[Zacs-Master]

And how, exactly, would being out of the EU have prevented this situation occurring?

[THECORBYLOON]

If it's decided that UK courts are not obliged to take into account previous ECJ decisions post-Brexit, a future case may be based on lower thresholds of proof and the superior court may uphold the deportation.

[Zacs-Master]

It’s nothing to do with the ECJ. the Home Secretary failed to prove that Arranz represented a ‘genuine, present and sufficiently serious threat’ to the UK – the threshold set by the EU.
The fault lies with our own justice system and leaving the EU will have nack all effect on that.

[THECORBYLOON]

ZM you are correct in its being EU law. That being the case, if there were no EU law applicable in the UK, the superior courts would not have had to have regard to it would they?

[Zacs-Master]

It’s not an EU law it’s the ‘The Immigration (European Economic Area) Regulations 2006’ and it stems from ‘European Communities Act 1972’. See that.....1972.

[THECORBYLOON]

The Regulations stem from a 2004 Directive. If those Directives no longer had effect in the Uk, it may be that any legislaton introduced or amended as a result of those Directives would be repealed.

[sp1814]

EU law is enshrined in British law isn't it?

That's something else that needs to be taken into consideration - there are going to be masses and masses of green papers and white papers to change UK law. And who will decide which laws we keep and which will be amended or revoked?

This is going to be complicated.

[Zacs-Master]

sp you are quite correct.

[Zacs-Master]

TCL, the ‘law’ is here. Not sure why you mention ‘directives’.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/455196/upper-tribunal-procedure-rules.pdf

[THECORBYLOON]

In the explanatory notes in the Regulations there is reference to the Directive. The Regulations appear to have been introduced as a result of the Directive. I have already made it clear there are laws and regulations in the UK that will/may need to be looked at again following Brexit and it may be that these Regulations will be one of them.

[Zacs-Master]

Quite. Complicated this Brexit lark innit.

[Zacs-Master]

Care to list a link to the explanatory notes?

[Zacs-Master]

Post a link

[THECORBYLOON]

http://www.legislation.gov.uk/uksi/2006/1003/contents/made

Click on the "Explanatory Memorandum" tab and then you can read or download the pdf doc.