10. Place of the EU in UK Constitution Flashcards
What is a Regulation?
Automatically binding secondary legislation from the EU
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What is a Directive?
Secondary legislation which is binding only with respect to the result to be achieved, meaning that member states need to implement the requirements under domestic law
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What is the principle of Supremacy of EU law?
EU law, through treaties, regulations, and directives is the supreme law across member states
What can EU citizens do under the principle of direct effect?
Rely on EU law in their domestic courts, without the need to rely on domestic law
What are the two conditions for a provision of EU law to have direct effect?
- Must be clear and precise, and must not leave any state any flexibility in application, and
- Must be unconditional, i.e. must not depend on judge or public authority discretion
What Act made EU law a source of law within the UK?
European Communities Act 1972
How did the ECA 1972 make EU law supreme?
By providing that any legislation passed before or after the ECA had to be construed and have effect subject to EU law
Under the Withdrawal Agreement and the European Union (Withdrawal Agreement) Act 2020, when did the transition period end?
31 December 2020
What is retained EU law?
Under the European Union (Withdrawal) Act 2018, a snapshot of all EU law that was part of the UK legal system at the end of the transition period
What is EU-derived domestic legislation under the 2018 Act?
Legislation implementing EU directives π«΅ which is preserved in UK law
What is direct EU legislation under the 2018 Act?
EU regulations that were automatically converted into UK law
What is directly effective EU law under the 2018 Act?
Any EU provision, e.g. Treaty, which had direct effect and which is preserved in UK law
What is the principle of supremacy under the 2018 Act, and which laws does it apply to and not apply to?
If there is a conflict between UK law enacted before the end of the transition period and retained EU law, then the retained EU law will prevail.
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This does not apply to UK law enacted after the end of the transition period.
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What is the supremacy of the Withdrawal Agreement?
Any UK law that is inconsistent or incompatible with the Withdrawal Agreement will be disapplied in favour of the Withdrawal Agreement
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Does the Withdrawal Agreement have direct effect?
To the extent it is clear, precise and unconditional