Old EU Law

Question 1

What are Regulations and Directives

Answer 1

1. Regulations
   - secondary legislation may by EU
   - automatically binding on member states
   - so no need for AoP
2. Directives
   - secondary legislation
   - member states need to enact these by passing domestic law (primary or secondary legislation used)

Question 2

When does EU law have direct effect? What is included?

Answer 2

Treaty provisions
Regulations

Requirements
- must be clear and precise (member state has no flexibility in how to apply it)

• must be unconditional (not dependant on discretion of public authority)

Question 3

What is EU derived domestic legislation? How are they treated after Brexit

Answer 3

Secondary/primary legislation implementing EU directives

Keep same authority as AoP / Secondary Legislation

Question 4

What is Direct EU legislation

Answer 4

EU Regulations (so the ones that had direct effect)

Question 5

What is Directly Effective EU law

Answer 5

EU Treaty Provisions

Question 6

What was the supremacy of EU Law after Brexit (each type of law)?

Answer 6

ALL Retained EU
- takes precedence over domestic law passed BEFORE end of 2020

AFTER 2020
- Domestic Law enacted AFTER 2020 takes precedence over ALL Retained EU Law

AFTER (beginning) of 2024
- All domestic law takes precedent over all retained/assimilated DIRECT EU law

Question 7

What is the supremacy of the With-drawl Agreement

Answer 7

Supremacy
Provisions of Withdrawal agreement take supremacy over any domestic law (if inconsistent)

Direct Effect
- provision of withdrawal agreement takes direct effect if clear, precise and unconditional)

Question 8

OLD Rules: When are court bound by retained (EU or Domestic) Case Law

Answer 8

Retained EU Case Law
- binding if from before end of 2020
- if after then can be persuasive
- EXCEPTION: CoA & Supreme Court can depart if it is RIGHT to do so

Retained Domestic Case Law
- no change
- normal precedent rules

Question 9

How can UK Repeal of Amend Retained EU law?

Answer 9

Can use secondary legislation to deal with deficiencies

1. if no practical application to UK or redundant
2. in fiction in relation to UK
3. if the made provisions for arrangements between UK and EU/member states
4. Provisions containing references to EU no longer applicable

Question 10

Limits on amending Retained EU law

Answer 10

If it is to:
- impose of increase taxes
- make retrospective provisions
- create criminal offences
- create new public authorities
- amend or repeal HRA, Scotland Act, N. Ireland Act, Government of Wales Act

Question 11

What can devolved parliaments do in regards to retained EU law?

Answer 11

1. legislate contrary to EU law in their legislative competence
2. repeal or amend retained EU law in their competence (UNLESS specifically excluded by regulation made by UK government)

Limit of UK Government Regulation
- can only make them up to end of 2022
- they can only last 5 years
(this does not seem relevant any more)