BRIEFING PAPER Number 8205, 18 January 2018 Legislating for Brexit: EU By Vaughne Miller Decisions Contents: 1. EU law in force 2. What are EU decisions? 3. Brexit legislation 4. Other Brexit-related Bills 5. Annex I – JHA framework decisions 6. Annex II - CFSP common positions, joint actions and decisions 7. Annex III - Council and Council/EP decisions 8. Annex IV - Commission decisions www.parliament.uk/commons-library | intranet.parliament.uk/commons-library |
[email protected] | @commonslibrary 2 Legislating for Brexit: EU Decisions Contents Summary 4 1. EU law in force 8 2. What are EU decisions? 10 2.1 Binding measures 10 Article 288 TFEU 10 Legislative and non-legislative decisions 10 Delegated and implementing decisions 11 2.2 Commission decisions 11 Directly applicable 12 Direct effect 13 2.3 Council decisions 13 TFEU decisions 13 TEU decisions 13 2.4 Justice and Home Affairs (JHA) decisions and framework decisions 14 Framework decisions 14 UK JHA opt-out and opt-in arrangements 15 2.5 Common Foreign and Security Policy decisions 17 A different kind of EU decision 17 Decisions about international relations 18 Some sanctions decisions need an accompanying regulation 18 Council decisions on external agreements 20 3. Brexit legislation 23 3.1 The European Union (Withdrawal) Bill 23 Retained EU law 23 3.2 The EUW Bill and EU decisions 23 Clause 8 26 4. Other Brexit-related Bills 27 4.1 Bills to allow government amendment of policies after Brexit 27 The Sanctions and Anti-Money Laundering Bill 27 The Trade Bill 29 The Taxation (Cross-border Trade) Bill 29 The Nuclear Safeguards Bill 30 5.