division_name: European Union (Withdrawal) Bill &#8212; Interpretation of retained EU law during transitional period
motion: <p class="indent" pid="b263.1/19" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/25" pwmotiontext="yes">&#8220;(other than a pending matter)&#8221;.</p>
  
  <p class="indent" pid="b263.1/27" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/35" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/51" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/54" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/57" pwmotiontext="yes">&#8220;as appointed in accordance with subsection (6A)&#8221;.</p>
  
  <p class="indent" pid="b263.1/61" pwmotiontext="yes">&#8220;&#8216;pending matter&#8217; means any litigation which has been commenced in any court or tribunal in the United Kingdom and which is not finally determined at exit day&#8221;.</p>
  
  <p class="indent" pid="b266.3/3" pwmotiontext="yes">&#8220;still govern the rules we are part of&#8221;</p>
  
  <p class="indent" pid="b267.1/3" pwmotiontext="yes">&#8220;The principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after exit day.&#8221;</p>
  
  <p class="indent" pid="b274.0/3" pwmotiontext="yes">&#8220;two important steps, which have added a new impetus&#8221;</p>
  
  <p class="indent" pid="b274.0/6" pwmotiontext="yes">&#8220;I proposed a time-limited implementation period based on current terms, which is in the interest of both the UK and the EU.&#8221;</p>
  
  <p class="indent" pid="b275.8/5" pwmotiontext="yes">&#8220;A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.&#8221;</p>
  
  <p class="indent" pid="b275.8/7" pwmotiontext="yes">&#8220;doesn&#8217;t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for making the law when parliament has failed to do so would be unfair.&#8221;</p>
  
  <p class="indent" pid="b275.8/9" pwmotiontext="yes">&#8220;if it considers it appropriate to do so&#8221;</p>
  
  <p class="indent" pid="b277.1/2" pwmotiontext="yes">&#8220;A court or tribunal need not have regard to anything done on or after exit day by the European Court&#8221;.</p>
  
  <p class="indent" pid="b277.1/4" pwmotiontext="yes">&#8220;but may do so if it considers it appropriate to do so&#8221;?</p>
  
  <p class="indent" pid="b283.1/4" pwmotiontext="yes">&#8220;The United Kingdom will cease to be a member of the European Union on <phrase class="date" code="2017-03-29">29 March</phrase> 2019.&#8221;</p>
  
  <p class="indent" pid="b288.0/2" pwmotiontext="yes">&#8220;the Supreme Court is not bound by any retained EU case law&#8221;.</p>
  
  <p class="indent" pid="b292.0/4" pwmotiontext="yes">&#8220;any litigation which has been commenced in any court or tribunal in the United Kingdom and which is not finally determined at exit day&#8221;.</p>
  
  <p class="indent" pid="b295.1/2" pwmotiontext="yes">&#8220;When interpreting retained EU law after exit day a court or tribunal shall pay due regard to any relevant decision of the European Court.&#8221;</p>
  
  <p class="indent" pid="b295.1/6" pwmotiontext="yes">&#8220;It should be made plain in statute what authority or lack of authority, or weight or lack of weight, is to be given to the decisions of the Court of Justice of the European Union after we have left, in relation both to matters that arose before we left and, more importantly, to matters after we leave. That is not something we&#8221;&#8212;</p>
  
  <p class="indent" pid="b295.1/8" pwmotiontext="yes">&#8220;would like to have to make up for ourselves, obviously, because it is very much a political question, and we would like statute to tell us the answer.&#8221;</p>
  
  <p class="indent" pid="b299.1/5" pwmotiontext="yes">&#8220;&#8217;retained EU case law&#8217; means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before exit day and so far as they&#8221;.</p>
  
  <p class="indent" pid="b308.0/3" pwmotiontext="yes">&#8220;the same rules and laws will apply on the day after we leave the EU as they did before.&#8221;</p>
  
  <p class="indent" pid="b309.2/7" pwmotiontext="yes">&#8220;if it considers it appropriate to do so.&#8221;</p>
  
  <p class="indent" pid="b311.2/3" pwmotiontext="yes">&#8220;the principle of the supremacy of EU law continues to apply&#8230;so far as relevant to the interpretation, disapplication or quashing of any enactment&#8221;.</p>
  
  <p class="indent" pid="b311.2/6" pwmotiontext="yes">&#8220;in accordance with any retained case law and any retained general principles of EU law&#8221;.</p>
  
  <p class="indent" pid="b311.2/10" pwmotiontext="yes">&#8220;the Supreme Court is not bound by any retained EU case law&#8221;.</p>
  
  <p class="indent" pid="b314.0/2" pwmotiontext="yes">&#8220;in accordance with any retained case law&#8221;</p>
  
  <p class="indent" pid="b314.0/4" pwmotiontext="yes">&#8220;any retained general principles of EU law&#8221;.</p>
  
  <p class="indent" pid="b314.2/3" pwmotiontext="yes">&#8220;in accordance with&#8230;any retained general principles&#8221;</p>
  
  <p class="indent" pid="b314.2/6" pwmotiontext="yes">&#8220;not bound by any retained EU case law&#8221;,</p>
  
  <p class="indent" pid="b315.0/2" pwmotiontext="yes">&#8220;The principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after exit day,&#8221;</p>
  
  <p class="indent" pid="b317.3/3" pwmotiontext="yes">&#8220;the existing structure of EU rules and regulations&#8221;</p>
  
  <p class="indent" pid="b317.3/5" pwmotiontext="yes">&#8220;to bring forward aspects of that future framework such as new dispute resolution mechanisms more quickly if this can be done smoothly.&#8221;</p>
  
  <p class="italic" pid="b321.3/3" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b321.3/4" pwmotiontext="yes">Ayes 296, Noes 316.</p>