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Lords to ask – what are the legal issues of the UK leaving the EU?


On Tuesday 8 March the House of Lords EU Committee will embark on a short inquiry into the legal implications of the UK leaving the EU.

Sir David Edward KCMG, QC, PC, FRSE, Former Judge of the Court of Justice of the European Union (CJEU) and Professor Emeritus at the School of Law, University of Edinburgh, and Professor Derrick Wyatt QC, Emeritus Professor of Law, Oxford University, and Brick Court Chambers, will be giving evidence.

Areas of questioning will include the role of the European institutions in processing a withdrawal, the length of the process, and the status of the UK during the process. 

Questions which the witnesses could face include:

  • What is the significance, whether legal or political, of incorporating a right to withdraw in the EU Treaties? 
  • Would it be possible for a Member State to rescind its decision to withdraw and remain within the EU, should it have ‘second thoughts'? 
  • What is the role of the European Council, the Council, and the Commission in negotiating the withdrawal agreement? 
  • What role would you expect the UK Parliament to play in the withdrawal process?
  • How would the European Parliament's right of veto over any withdrawal agreement work? 
  • How long do you estimate, broadly, it will take for the withdrawal negotiations to conclude? 
  • Will the UK still be able to participate in EU policies and in EU institutions and agencies pending the entry into force of the withdrawal agreement?

The evidence session will start at 4.15pm on Tuesday 8 March in Committee Room 4 of the House of Lords. 

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