Leaving the EU Flashcards
what is the principle of the supremacy of EU law
National law cannot override EU law. EU law must prevail over the offending national law instead
what is the EUWA
the European Union withdrawal agreement formally repealed the ECA (‘exit day’)
EUWA was incorporated into law as an Act in 2020
what happened in the transition period
EU law continued to apply in the UK
what happened after the transition period
UK is governed by 2 legal regimes:
1. the EUWA provides for some EU law to continue to apply to certain specific matters in the UK
2. the application of the rest of EU law; no longer preserved by the withdrawal agreement is a separate regime
what is EU law that applies to certain matters in the UK
UK courts can still disapply statutes where they are incompatible
(parl = still sovereign)
how is assimilated EU law integrated
split between EU derived domestic legislation & direct EU legislation (any EU regulation/EU decision/EU tertiary legislation which is in force and applicable in domestic law before end of TP)
is EU law still supreme
Supremacy of EU law ceased to be applicable for assimilated EU law
Courts have interpretative obligation to give effect to assim direct EU leg to be compatible with UK law and where not possible; direct EU leg is subject to domestic enactments which override EU law
are UK courts/tribunals bound by assimilated EU case law after end of TP
NO
Q: What is the courts’ interpretative obligation regarding assimilated direct EU legislation?
Courts must give effect to it as compatible with UK law; if not possible, it is subject to domestic enactments that override EU law.
Q: How are supremacy rules affected when regulations specify governance by s7 REULA?
A: The supremacy rules are flipped; courts must read domestic legislation in line with EU law.
Q: What happens when domestic law is incompatible with assimilated EU law?
A: An incompatibility order is issued.
Q: Can UK legislation amend assimilated EU law?
A: Yes, it can be amended by UK legislation.
Q: Can UK courts and tribunals make preliminary references to the Court of Justice of the EU regarding assimilated EU law?
A: No, they can no longer make such references.
Q: Are UK courts bound by general principles of EU law after the transition period?
A: Yes, but only those that had effect immediately before the end of the transition period.
Q: What is the status of Regulations, Directives, and Decisions for the UK post-Brexit?
A: They are legally binding secondary legal acts for EU Member States, not for the UK anymore.
Q: What are the “general principles of EU law”?
A: Overarching legal principles that apply generally across EU law.
Q: Are UK courts bound by the Charter of Fundamental Rights post-transition period?
A: No, they are not bound since it has not been part of UK law since December 31, 2020.
Q: If a court in England finds that a recently enacted Act of Parliament undermines privacy rights protected by an EU Regulation not preserved by the Withdrawal Agreement, what must the court do?
The court would be required to apply the Act of Parliament as the EU Regulation will have ceased to have effect in the United Kingdom following Brexit.
Reasoning: The EU Regulation is not preserved by the Withdrawal Agreement and does not have supremacy over domestic law made after the transition period. The Act of Parliament can be amended or repealed by methods specified in the EUWA 2018.
What is capable of being legally binding secondary forms of EU legislation in relation to the member states of the European Union?
Regulations, Directives and Decisions.
Q: If a court in England finds that a recently enacted Act of Parliament discriminates against a Union citizen and is incompatible with a preserved EU Regulation, what must the court do?
A: The court would be required to disapply the Act of Parliament as it is incompatible with the EU Regulation.
