Place of the EU in the UK Constitution Flashcards
The European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 took a _______ of all EU law that was part of the UK legal system at the end of the ________ ______ and converted it into a new body of UK law called __________ __ ____
snapshot, transition period, retained EU law
All pre-Brexit primary and secondary legislation implementing EU directives is __ _________ ______ _______ and has been preserved as UK law
EU-derived domestic legislation
EU Regulations that were automatically binding on member states have been retained as _____ __ __________
direct EU legislation
EU Treaties that had direct effect and could directly be relied on in court have been preserved as ______ ________ __ ____
directly effective EU law
What is meant by the principle of direct effect?
A doctrine that allows individuals to invoke an EU law provision before a national court
The UK can ________ __ _____ retained EU law
repeal or amend
In the event of a _______ between UK law enacted before the end of the transition period and _________ __ _____, then the latter will prevail
conflict, retained EU law
Legislation enacted after the _________ _____ is not subject to the principle of __________, which means that the UK can legislate ________ to EU law
transition period, supremacy, contrary
Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?
No
Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?
No - they are invalid
Are devolved legislature acts enacted after the transition period valid even if they conflict with EU law? If so, when?
Yes - provided the act is within the devolved nation’s legislative competence
What is the term given to retained EU decisions of the CJEU and where are they binding in the UK?
retained EU case law, all domestic courts besides the UKSC and UKCA
Which courts in the UK can depart from retained EU case law when it appears right to do so?
Supreme Court and Court of Appeal