Brexit Flashcards
Which Article has to be trigged for a MS to withdraw membership?
Art 50 TEU
What does Art 50(2) require?
“A Member State which decides to withdraw shall notify the European Council of its intention. …”
- Within accordance with own constitutional requirements.
What is the outcome of Art 50(2)
Two potential agreements:
1. Withdrawal Agreement (the technicalities of the MS withdrawal) 2. Future Relationship (trade etc after withdrawal)
What does Art 50(3) Require ?
“The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”
What are the requirements set out in Art 50(2)
An enhanced majority of the European Parliament is met - Art 238 TFEU - 20/27 states
Which laws maintained EU law in Britain post brexit?
· s.2(1) EU (Withdrawal) Act 2018:
“EU-derived domestic legislation, as it has effect in domestic law immediately before IP completion day, continues to have effect in domestic law on and after IP completion day.”.
What does s.3(1) EU withdrawl act 2018 set out?
“Direct EU legislation, so far as operative immediately before IP completion
day, forms part of domestic law on and after IP completion day.”
How was the principal of supremacy dealt with in the withdrawal act?
· s.5 EU (Withdrawal) Act 2018:
“The principle of supremacy of EU law does not apply to any enactment or rule of law passed or made on or after IP completion day.”
However, what is the impact of s5(2) of the EU Act
“Accordingly, the principle of the supremacy of EU law continues to apply on or after IP completion day so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before IP completion day.”
What is the rule of EU law compared to domestic law from the 31st December
Anything that used to be EU law is superior to anything passed after the 31st December - means that decision post and pre Brexit and made on the same basis.
what does s6(1) of the EU Act state?
· “A court or tribunal –
(a) is not bound by any principles laid down, or any decisions made, on or after IP completion day by the European Court, and (b) cannot refer any matter to the European Court on or after IP completion day.”
What is the effect of s6.4 and 5 of the EU Act?
“… the Supreme Court is not bound by any retained EU case law.”
“In deciding whether to depart from any retained EU case law … the Supreme Court … must apply the same test as it would apply in deciding whether to depart from its own case law.”
What was the outcome of Lipton v BA City Flyer Ltd
Because the Regulation predates IP completion day, the principle of supremacy still applies in relation to it.
BUT the Court of Appeal and Supreme Court can depart from any retained CJEU case law or retained general principles of EU law if they consider it right to do so
