Process of the UK's withdrawal from the EU

Question 1

What are the legal instruments of the EU

Answer 1

EU Treaties: directives + regulations

Question 2

What is the dualist system?

Answer 2

Parliament needs to adopt EU law

Question 3

How are EU treaties adopted?

Answer 3

They are adopted automatically due to s 2(1) ECA 1971

Question 4

How are Eu regulations (secondary law) adopted?

Answer 4

Adopted automatically through s 2(1) ECA.

Question 5

How are EU directives (secondary law) adopted?

Answer 5

Need to be incorporated into through UK statutory instruments per s 2(2) ECA

Question 6

What is the direct effect?

Answer 6

If UK fails to implement a certain directive by the deadline, if the directives are clear and precise and establish rights or obligations they will become part of UK law without transposition

Question 7

What is Article 50 TEU?

Answer 7

Any member state may decide to withdraw from the union in accordance with its own constitutional requirements
Member states must notify the European Council of its intention

Question 8

Miller and Article 50

Answer 8

Withdrawal makes a fundamental change to the UK’s constitution arrangement by cutting of the source of EU law.

Therefore such changes should be affected by Parliament.

When UK leaves, a source of legal order leaves, therefore prerogative powers will alter the law of the land and the rights of people, hence Parliament must take that decision.