Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Con And Admin Law > Retained EU > Flashcards

Retained EU Flashcards

(51 cards)

Start Studying
1
Q

What is retained EU law

A

All of the EU law in force at end of transition period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which takes priority if there is a conflict between pre brexit domestic law and pre brexit directly effective EU law

A

EU law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does retained EU law consist of

A

EU derived domestic leg
Direct EU leg
Rights arising under s2(2) ECA 1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is EU law still supreme

A

EUWA terminates general supremacy of EU Law

But retained EU laws will remain supreme over domestic leg enacted before end of transition period

But U.K. leg enacted after transition is supreme to retained EU law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

3 types of retained EU law

A

S2- EU derived domestic law
S3- Direct EU law
S4- Rights etc arising under s2(2) ECA 1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is s2 EU derived domestic leg

A

Domestic Acts and SIs made under ECA 1972 to implement EU obligations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What would have happened to EU derived domestic leg had it not been retained

A

SI would have fallen away when ECA 1972 was repealed

ACt would have remained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Benefit of labelled a law a retained EU law

A

Ministers can amend it to fix deficiencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Status of EU derived domestic law

A

Retains the same status it had before IP day has secondary or primary leg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Are directives part of retained EU leg

A

No. They will only be retained if they fall under s2 or s4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is s3 direct EU leg

A

Converts some direct EU leg into new U.K. law so far as operative before IP completion day
Regulations and decisions addressed to UK(not if addressed to other MS)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Does a declaration of incompatibility invalidate retained direct principle EU law

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Two types of direct EU leg

A

Retained direct principle EU leg

Retained direct minor EU leg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How to amend or repeal retained direct minor EU leg

A

Repeal or amend in same way as domestic secondary leg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How to amend or repeal retained direct principal EU law

A

Must be amended or repealed by primary leg or Henry 8th clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a Henry 8th clause

A

Power of ministers to correct deficiencies in retained law using secondary leg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are s4 rights etc arising under s2(1) ECA 1972

A

Preserves certain rights powers liberties remedies obligations and restrictions recognises immediately before IP completion day under ECA 1972

Includes directly effective rights in EU treaties but not text of articles, just right in treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How to interpret unmodified retained EU law after IP day

A

Use retained case law and retained general principles of EU law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How to interpret modified Retained EU law

A

Use retained cases and retained general principles if doing so would be consistent with the intention of the modifications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Are Uk courts bound by CJEU judgements laid down after IP day

A

No but still persuasive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When does retained EU law come into effect

Study These Flashcards
A

End of transition period

31 Dec 2020

22
Q

Is EU law on freedom of movement retained

Study These Flashcards
A

Bulk of this is repealed

23
Q

Does indirect effect still apply

Study These Flashcards
A

Only to retained law

24
Q

Is the charter of fundamental rights retained

25
What is retained case law
Domes to case law regarding EU law and CJEU judgements before IP day
26
Can courts make references to CJEU
No
27
Can UK courts depart from Retained case law
Yes
28
Should UK courts have regard to CJEU judgements decided post IP day
Can have regard to them but not bound by them
29
Which general principles are retained
Only those recognised in EU cases before IP day
30
What is the effect of failing to comply with a retained general principle
No effect | No right of action
31
What are retained EU law principles
Proportionality Equality Subsidiary Fundamental rights
32
Is there still state liability for breach of EU law or failure to implement directive (francovitch damages)
No EUWA removes this | Claims can go ahead if began within 2 years of IP day relating to something occurring before IP day
33
What powers does s8 EUWA give ministers
Temporary powers for gov ministers and devolved administrations to make secondary leg to correct deficiencies in retained EU law Only to correct deficiencies arising from withdrawal not to make changes of substance to retained EU law
34
What are deficiencies arising from withdrawal
``` Provisions of no practical effect Arrangements no longer in place Functions previously carried out by EU References to EU Similar things not on list ```
35
Can UK courts make s267 references after IP day
they can make s267 references concerning citizen's rights in the withdrawal agreement for up to 8 years after IP day but it is discretionary. If they choose to make a reference the decision of the CJEU is binding
36
are the rights in the withdrawal agreement enforcable
s7A EUWA provides for enforcement of rights arising under the withdrawal agreement
37
does the withdrawal agreement have supremacy
yes under s7A EUWA
38
impact of declaration of incompatibility on retained direct EU law
retained principal direct EU law - will not invalidate it | retained minor direct EU law - declared invalid if held to be incompatible
39
on what grounds can primary leg retained under s2 EUWA be challenged
only on the ground that it contravenes an EU retained law that should prevail over it
40
one what grounds can you challenge secondary leg that is retained under s2 EUWA
any JR grounds
41
can you challenge retained EU leg on the basis that the EU instrument (regulation or decision was invalid)?
no unless CJEU found instrument to be invalid before IP day or regs allow challenge courts can decide challenges to validity of EU instruments that began before IP day but concluded after it
42
when did the withdrawal agreement enter into force
1 Feb 2020
43
is the withdrawal agreement legally binding
yes in international law | the declaration setting out the framework of the future UK-EU partnership
44
what effect do the provisions of the withdrawal agreement and the EU law it incorporates have in UK law
they will have the same effect in UK law as they do in EU and EU MS
45
are the provisions contained in or referred to in the withdrawal agreement directly effective
yes - individuals and businesses can rely on them directly if they meet the criteria for direct effect under EU law
46
can EU citizens living in the UK after IP day rely on the direct effect of citizen's rights provisions in the withdrawal agreement
yes
47
what does the withdrawal agreement cover
citizen's rights financial statement NI protocol governance and sipute resolution
48
what does the withdrawal agreement say about citizen's rights
right to continue living and working in host state including those who moved in transition period. They may need to apply for residence status (EU Settlement Scheme)
49
what does the WA say about the finances
UK will abide by financial commitments including contributions to the EU budget
50
What does the WA NI Protocol say
this aims to avoid a hard border on Ireland should UK and EU fail to agree a free trade agreement that deals satisfactorily with the border issue
51
what does the WA say about dispute resolution
a joint committee will oversee the WA and resolve dispute between EU and UK if not resolution then they can refer it to an arbitration panel

Con And Admin Law (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions