EU Law

Question 1

What are the primary and secondary legislation of the EU Called?

Answer 1

Primary = Treaties
Secondary = Regulations and Directives

Question 2

What is the primary source of EU legislation?

Answer 2

Treaties - Treaty on EU and Treaty on Functioning of the EU

Question 3

Between Regulations and Directives, which are authomatically binding on member states and directly applicable without the need for member states to enact further legislation?

Answer 3

Regulations

Question 4

How do directives work?

Answer 4

They must be implemented by local legislation that achieves the purpose of the directive

Question 5

What is the core principle of the status of EU law?

Answer 5

EU Law is supreme (i.e. in a conflict, the EU law stands)

Question 6

What is the principle of direct effect?

Answer 6

Some EU law can be relied on directly by EU citizens in domestic courts without relying on domestic law

Question 7

What are the two requirements for an EU Law provision to have direct effect?

Answer 7

1. Clear and precise (no flexibility on how a state can implement it)
2. Unconditional (must not depend on discretion of the local authority)

Question 8

How did the European Communities Act 1972 operate?

Answer 8

1. Made EU law a source of law
2. Made laws that were binding under EU law directly binding on UK
3. Allowed government to implement secondary legislation to implement directives

Question 9

Explain the principle of EU Law supremacy under the ECA 1972

Answer 9

Any local law was valid to the extent that it complied with EU Law

Question 10

When did the UK leave the EU?

Answer 10

31 January 2020 with a transition period until 31 December 2020

Question 11

Why is the transition period relevant in respect of EU law on the UK?

Answer 11

Any EU legislation passed until 31 December 2020 bound the UK

Question 12

What is retained EU Law?

Answer 12

Snapshot of law from 1972 to 31 December 2020 which was retained in the UK as retained EU law

Question 13

What is EU Derived Domestic Legislation?

Answer 13

Secondary (and primary) legislation that implemented EU directives which are binding in the UK as a source of law

Question 14

What is Direct EU legislation?

Answer 14

EU Regulations that bound the UK directly that are converted into UK law as direct EU legislaiton

Question 15

What is Directly Effective EU Law?

Answer 15

The EU Law that had direct effect in the UK (like treaties) which was retained in the UK post-Brexit

Question 16

Explain the post-Brexit concept of supremacy of EU Law?

Answer 16

In a conflict between domestic law enacted before 31 December 2020 which conflicts with retained EU law from that period, EU law will prevail

Question 17

If there is a conflict between legislation enacted on 31 January 2021 and a retained EU law provision, which will prevail?

Answer 17

The domestic law

Question 18

Does the Withdrawal Agreement reign supreme and have direct effect in the UK?

Answer 18

Yes, if it meets the requirements for EU law (clear and precise + unconditional)

Question 19

Are UK courts bound by the CJEU decisions on EU law in respect of its retained EU law?

Answer 19

No, but they it is pursuasive

Question 20

What is retained case law?

Answer 20

Case law on retained EU legislation decided before 31 December 2020

Question 21

What courts do retained EU case law bind?

Answer 21

All courts other than the Court of Appeal and Supreme Court

Question 21

What is retained domestic case law?

Answer 21

Decisions of UK courts before 31 December 2020 on EU law

Question 22

What is retained EU case law?

Answer 22

Decisions of the CJEU before 31 December 2020

Question 23

What courts do retained domestic case law bind?

Answer 23

Their binding effect is the same as ordinary legislation and the rules of precedence in the UK courts

Question 24

Can parliament repeal any retained EU case law?

Answer 24

Yes

Question 25

How does government deal with deficiencies in retained EU case law?

Answer 25

The Withdrawal Act empowers government to adopt secondary legislation to deal with deficiencies arising from:

1. withdrawal; and
2. prevent government from operating effectively

Question 26

How is government limited in adopting secondary legislation that deals with EU law deficiencies?

Answer 26

1. Cannot impose or raise taxes
2. No retrospective provisions
3. No creation of criminal offences
4. No creation of new public authorities
5. No amendment or repeal of the devolution acts

Question 27

When did the power to make regulations dealing with deficiencies end?

Answer 27

December 2022

Question 28

Can devolved authorities legislate contrary to EU law?

Answer 28

Yes, if it falls within their legislative competence and they are not excluded from doing so under UK law