Leaving the EU

Question 1

what is the principle of the supremacy of EU law

Answer 1

National law cannot override EU law. EU law must prevail over the offending national law instead

Question 2

what is the EUWA

Answer 2

the European Union withdrawal agreement formally repealed the ECA (‘exit day’)

EUWA was incorporated into law as an Act in 2020

Question 3

what happened in the transition period

Answer 3

EU law continued to apply in the UK

Question 4

what happened after the transition period

Answer 4

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

Question 5

what is EU law that applies to certain matters in the UK

Answer 5

UK courts can still disapply statutes where they are incompatible
(parl = still sovereign)

Question 6

how is assimilated EU law integrated

Answer 6

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)

Question 7

is EU law still supreme

Answer 7

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

Question 8

are UK courts/tribunals bound by assimilated EU case law after end of TP

Answer 8

NO

Question 9

Q: What is the courts’ interpretative obligation regarding assimilated direct EU legislation?

Answer 9

Courts must give effect to it as compatible with UK law; if not possible, it is subject to domestic enactments that override EU law.

Question 10

Q: How are supremacy rules affected when regulations specify governance by s7 REULA?

Answer 10

A: The supremacy rules are flipped; courts must read domestic legislation in line with EU law.

Question 11

Q: What happens when domestic law is incompatible with assimilated EU law?

Answer 11

A: An incompatibility order is issued.

Question 12

Q: Can UK legislation amend assimilated EU law?

Answer 12

A: Yes, it can be amended by UK legislation.

Question 13

Q: Can UK courts and tribunals make preliminary references to the Court of Justice of the EU regarding assimilated EU law?

Answer 13

A: No, they can no longer make such references.

Question 14

Q: Are UK courts bound by general principles of EU law after the transition period?

Answer 14

A: Yes, but only those that had effect immediately before the end of the transition period.

Question 15

Q: What is the status of Regulations, Directives, and Decisions for the UK post-Brexit?

Answer 15

A: They are legally binding secondary legal acts for EU Member States, not for the UK anymore.

Question 16

Q: What are the “general principles of EU law”?

Answer 16

A: Overarching legal principles that apply generally across EU law.

Question 17

Q: Are UK courts bound by the Charter of Fundamental Rights post-transition period?

Answer 17

A: No, they are not bound since it has not been part of UK law since December 31, 2020.

Question 18

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?

Answer 18

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.

Question 19

What is capable of being legally binding secondary forms of EU legislation in relation to the member states of the European Union?

Answer 19

Regulations, Directives and Decisions.

Question 20

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?

Answer 20

A: The court would be required to disapply the Act of Parliament as it is incompatible with the EU Regulation.