Procedure: Affirmative Draft
Laid: 11 July 2019
This instrument disapplies provisions on freedom of establishment and the free movement of services which continue as directly effective rights in domestic law, by virtue of section 4 of the European Union (Withdrawal) Act 2018.
Section 4 of the European Union (Withdrawal) Act 20 18 provides that the rights which flow into domestic law by virtue of section 2 (1) of the European Communities Act 1972 will continue to be recognised and available in domestic law. This includes the substance of directly effective rights in relation to free movement of services and establishment.
If the UK does not exit the EU under the terms of a Withdrawal Agreement (i.e. a ‘no deal’ scenario), elements of reciprocity contained within directly effective rights of establishment and free movement of services, as derived from Articles in the TFEU, the EEA Agreement, FMOPA , the Ankara Agreement and the Additional Protocol, would cease to function effectively in the UK.
To address any inoperability and to ensure UK law continues to function effectively, with legal clarity, and that the UK is compliant with its World Trade Organisation (WTO) obligations, including the General Agreement on Trade in Services, these rights need to be disapplied.
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