EU law

Question 1

what are the 2 EU treaties which the primary source of EU law is?

Answer 1

1. treaty on the functioning of the European Union
2. treaty of the European Union

Question 2

what is the effect of a regulation?

Answer 2

they are directly applicable meaning that the regulation applies in the member states without those member states having to enact their own legal measures to implement or give effect to it

Question 3

what is the legal effect of a directive on a member state?

Answer 3

member state is required to implement the directive by enacting their own legal measures to incorporate or to give effect to them in their national law.
deadline for implementing directive is outlined in the directive

Question 4

what does it mean ‘the supremacy of EU law’?
(primacy of EU law)

Answer 4

when national law conflicts with EU law, EU law must prevail over the national law

Question 5

what are the 3 key findings in Simmenthal on supremacy of EU law?

Answer 5

1. principle applies in all national courts
2. applies irrespective of when the national law was enacted
3. EEC law must immediately be given precedence over the national law

Question 6

what are the 2 different legal regimes governing the effect of EU law since the end of the transition period?

Answer 6

1) Some EU law - notably in relation to the Northern Ireland Protocol and to the rights of
Union citizens - has been preserved by the Withdrawal Agreement. This continues to
have effect under a legal regime governed by ss.7A and 7C of the EUWA2018.
2) The rest of EU law derived from the UK’s period of membership of the EU
also continues to have effect under a different legal regime.

Question 7

can national courts (in the UK) misapply statutes that are incompatible with the withdrawal agreement?

Answer 7

yes they can and can misapply any domestic law which is incompatible with the withdrawal agreement and with any EU law that is preserved by it.

Question 8

what is assimilated law?

Answer 8

it is law that is retained EU law but doesnt include any EU law which continues to apply under the withdrawal agreement after the end of the transition period.

Question 9

how can national law (legislation) modify assimilated direct EU legislation?

Answer 9

can be modified by both primary and secondary legislation

Question 10

does the principle of supremacy of EU law apply to assimilated EU law?

Answer 10

no it no longer applies in relation to assimilated EU law in most instanced. instead, it can now be amended by UK legislation.