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  European Union (Withdrawal) Bill - Schedule 1 - Retention of General Principles of EU Law
  
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  @ MP voted aye to retain the general principles of EU law derived from EU treaties, direct EU legislation, EU directives and European Court of justice case law, as part of UK law after the UK leaves the EU.
  @ MP voted no against retaining general principles of EU law derived from EU treaties, direct EU legislation and EU directives, as part of UK law after the UK leaves the EU, and voted to only retain those general principles deriving from European Court [of justice] case law.
  
  The majority of MPs voted against retaining general principles of EU law derived from EU treaties, direct EU legislation and EU directives, as part of UK law after the UK leaves the EU, and voted to only retain those general principles deriving from European Court [of justice] case law. 
  
  MPs were considering the European Union (Withdrawal) Bill[1].
  
  The amendment rejected in this vote was:
  
  :Amendment 336, page 15, line 17, leave out paragraphs 2 and 3 and insertâ
  
  :â2A (1) Any general principle of EU law will remain part of domestic law on or after exit day ifâ
  
  :(a) it was recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case);
  
  :(b) it was recognised as a general principle of EU law in the EU Treaties immediately before exit day;
  
  :(c) it was recognised as a general principle of EU law by any direct EU legislation (as defined in section 3(2) of this Act) operative immediately before exit day; or
  
  :(d) it was recognised as a general principle of EU law by an EU directive that was in force immediately before exit day.
  
  :2B Without prejudice to the generality of paragraph 2A, the principles set out in Article 191 of the Treaty on the Functioning of the European Union shall be considered to be general principles for the purposes of that paragraph.
  
  :2C For the purposes of paragraphs 1A and 1B the exit day appointed must be the same day as is appointed for section 5(1) of this Act and must not be before the end of any transitional period agreed under Article 50 of the Treaty on the Functioning of the European Union.â
  
  The rejected amendment was accompanied by an explanatory statement saying:
  
  :This amendment would retain the existing principles of EU law within domestic law whether they originate in the case law of the European Court, the EU treaties, direct EU legislation or EU directives. The freeze date would be at the end of any transitional arrangements
  
  Paragraphs 2 and 3 of Schedule 1[2] of the Bill, which would have been excised had the amendment not been rejected were titled ''General principles of EU law'' and stated:
  
  :2. No general principle of EU law is part of domestic law on or after exit day if it was not recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case).
  
  :3 (1) There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law.
  
  :(2) No court or tribunal or other public authority may, on or after exit dayâ
  
  :(a) disapply or quash any enactment or other rule of law, or
  
  :(b) quash any conduct or otherwise decide that it is unlawful, because it is incompatible with any of the general principles of EU law.
  
  
  ==
  
  * [1] [https://services.parliament.uk/bills/2017-19/europeanunionwithdrawal.html Parliament's webpage on the European Union (Withdrawal) Bill]
  * [2] [https://publications.parliament.uk/pa/bills/cbill/2017-2019/0005/cbill_2017-20190005_en_2.htm#sch1 Schedule 1 of the European Union (Withdrawal) Bill as at the time of the vote]
  
  
  
  
  
  
  
  
  
  
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  (put thoughts and notes for other researchers here)
  