Assimilated EU law Flashcards
Are general principles of EU law assimilated law?
No- they are only relevant in relation to the WA
Can directly effective EU rights still be relied on?
No, unless they were codified in the UK
What is assimilated direct principal legislation, and how is it treated in comparison to direct minor legislation?
Most EU regulations
Principal legislation is treated as if it was primary legislation under the HRA (it can’t be declared invalid due to ECHR incompatibility)
What construction should assimilated EU law be given?
Purposive
Are post-transition period CJEU judgments binding in UK law?
No- merely persuasive
Must legislation used to enact a Directive still be read consistently with the Directive?
No- the principle of consistent interpretation has been removed
But, the Directive would likely be used as an extrinsic aid to interpretation
What is the new priority order for interpreting assimilated direct legislation?
- read it compatibly with domestic enactments as far as possible
- in so far as it’s incompatible, it is subject to all domestic enactments
Can a court order change the priority order of pieces of law?
No
When can a court make an incompatibility order?
If there’s a conflict between assimilated direct legislation and domestic legislation
With what 3 aims can ministers restate secondary assimilated law?
- resolve ambiguities
- remove doubts/anomalies
- improve clarity/accessibility of the law
What is the status of s.147 TFEU in UK law (right to equal pay)?
It was restated as secondary domestic legislation, so it’s a part of domestic law
What is the consequence of restating or replacing assimilated law?
It makes it a part of domestic law
What is the status of the WA?
It’s directly effective (EU citizens can rely on it in the UK)
With what can a minister revoke and replace secondary assimilated law?
He can replace it with an appropriate provision achieving the same/similar objectives
