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The European Union (Withdrawal Agreement) Bill and the Rule of Law

Dr Oliver Garner

The European Union (Withdrawal Agreement) Bill (WAB) is a Bill of paramount constitutional importance. The aim of this report is to examine a number of Rule of Law issues raised by the WAB.

This report uses the Rule of Law checklist adopted by the Venice Commission in 2016 to inform its analysis of the WAB. These Rule of Law standards provide a guide to the core elements of the Rule of Law, for which consensus can be found amongst the 47 States of the Council of Europe. The Venice Commission's Rule of Law checklist contains standards on:

a. Legality;

b. The legislative process;

c. Legal certainty;

d. Access to justice;

e. Human rights; and

f. Equality before the law.

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