European Law Flashcards
Are UK courts bound by any retained EU case law?
The Supreme Court and the Court of Appeal are not bound, but lower courts and tribunals are
What did the EU withdrawal act do?
Turned existing EU law into UK law, known as retained EU law
What did the European communities act allow?
- Voluntarily gave permission to the EU to legislate for the UK
- Made it clear that EU law had sovereignty over UK acts of parliament
- Any rule of national law found to be in conflict with any directly enforceable rule of community law was to be overridden
What does the EU withdrawal act cover?
- The EU may no longer legislate for the UK
- Existing EU law remains in force
Supremacy of EU law ends - Court Interpretation of retained EU law
- Delegated legislation
What does the withdrawal agreement allow claimants in the UK courts to do?
Enforce rights created under the withdrawal agreement
What EU law remains in force?
- Delegated legislation made to implement EU law
- EU regulations in force immediately before exit day
- Articles and directives that were directly effective before exit day
What happens if retained EU law is not compatible with domestic law made before exit day?
The retained EU law must be applied in preference to the UK law, but the retained law can be modified by delegated legislation
What is EU exit day and completion day?
Exit day (31 Jan 2020) was the day when the UK ceased to be a member, completion day (31 Dec 2020) was the day when EU law ceased to have effect in the UK
Why is EU law still important?
- Because the EU law that applied in the UK before withdrawal remains in force
- Because the Withdrawal Agreement between the UK and the EU is directly enforceable in UK courts and must be interpreted in accordance with EU law
