Retained and Assimilated EU law Flashcards
what is retained EU law?
the existing EU law in force, which was converted into UK domestic law on the day of exit from the EU
what is the name of the act that domesticated EU law into the UK as retained EU law?
The European Union (Withdrawal) Act 2018
what are the three main components of retained EU law?
- EU derived domestic legislation
- direct EU legislation
- a broad category of rights, powers, liabilities, restrictions, remedies or procedures
what does retained EU law compromise?
the interpretations of it by the UK courts and any additions and modifications made to it by domestic law from time to time
what does S2 of the withdrawal act state?
- EU derived domestic legislation
domestic law which implemented or related to former EU obligations continues to have effect after IP completion day in the same way as it did immediately before IP completion day
e.g. UK legislation that implemented EU directives
what does s3 of the withdrawal act say?
- direct EU legislation
direct EU legislation is treated as forming part of domestic law immediately after IP completion day
this includes all EU regulations and all directly applicable EU treaty articles
together with all relevant EU case law and EU Decisions
e.g. the EU’s General Data Protection Regulation
what is primary legislation?
the treaties
what are secondary legislation?
EU regulations
EU directives
EU decisions
after Brexit does the UK have any obligations under the Charter of Fundamental Rights?
no
rights that are reflected in other parts of retained EU law will be unaffected
which act made significant changes to the position regarding retained EU law?
The Retained EU Law (Revocation and Reform) Act 2023 (REUL Act)
what changes does the REUL Act make?
contains a list of around 600 pieces of legislation which cease to have effect from the end of 2023
retained law is now called assimilated law
removes the principle of supremacy of EU law
domestic legislation takes precedence over any retained direct EU legislation where there is conflict
when interpreting retained EU law, rulings of the CJEU are binding on UK courts where they were made on or before 31st dec 2020 - REUL act hasn’t changed this
the test for divergence is where it appears right to do so - wide margin of discretion for the courts - can only be exercised by the supreme court and court of appeal
under the REUL act what is the government able to do in relation to retained EU Legislation?
restate = using different words or concepts from those used in the original EU dreived measure
revoke or replace = replacement with such alternative provision as is considered appropriate
update
remove or reduce burdens = make changes to retained EU legislation which involve removal or reduction of regulatory burdens
conclude the changes that the REUL act has made?
- retained law is now called assimilated law
- removes frozen supremacy - domestic law now trumps retained direct EU law
- abolishes consistent interpretation of domestic law
- endeavors to make it easier for judges to depart from retained EU law
