Constitutional and Administrative Law - Place of EU in UK Constitution Flashcards
Preliminary Reference Procedure
Process by which the Court of Justice of the European Union (CJEU) receives questions on points of EU law from courts of member states
Primary Legislation
Treaty on the European Union and Treaty on the Functioning of the European Union. ONLY source of primary legislation
Secondary Legislation
Created by EU institutions. Regulations and directives.
Regulations
Automatically binding on member states and directly applicable
Directly Applicable
Member state does not need to make further enactments in their legal system
Directives
Binding only with respect to the result that needs to be achieved. Member state makes changes to their own domestic law
Direct Effect
Certain provisions of EU law can be relied on in domestic courts. Provision of EU law must be:
- CLEAR AND PRECISE; and
- BE UNCONDITIONAL
European Communities Act 1972
Made EU law a source of law in the UK legal system. Preserves parliamentary sovereignty because entered into voluntary (i.e. a voluntary restriction on its sovereignty)
EU-Derived Domestic Legislation
Primary and secondary legislation implementing directives preserved as UK law. Remain secondary legislation and Acts of Parliament
Direct EU Legislation
The Act converted EU regulations into UK law
Directly Effective EU Law
Provisions of EU law (such as treaty provisions) that had direct effect
Retained case law
Decisions of the CJEU before the end of the transition period
Decisions of CJEU
Courts not bound by decisions made by the CJEU after the end of the transition period. Treated as persuasive precedent and courts may ‘have regard’ to them
Retained EU case law v Retained Domestic case law
Retained EU case law binding on all courts other than Supreme Court and Court of Appeal.
Only Supreme Court is not bound by retained domestic case law.
Retained EU law and devolution
During UK’s membership of EU and until end of transition period devolved nations could not legislate contrary to EU law. If they did so, Supreme Court would declare it invalid
They may now do so and may also repeal or amend retained EU law unless excluded by regulations made by UK government
