Retained EU Law

Question 1

In EU law, what are primary and secondary instruments?

Answer 1

Primary: treaties

Secondary: directives and regulations

Question 2

What treaties established the EU?

Answer 2

TEU and TFEU

Question 3

What Act did the UK pass to incorporate EU law?

Answer 3

European Communities Act

Question 4

What are the classes of retained EU law?

Answer 4

1. UK law that incorporated EU directives
2. Directly effective EU law
3. Direct EU law

Before 31 December 2020

Question 5

Which UK courts can depart from retained EU case law?

Answer 5

Supreme Court and the Court of Appeal

Question 6

What is direct effect?

Answer 6

That EU law that is clear, precise and unconditional may be relied on by individuals directly in national courts

Question 7

What is supremacy in EU law?

Answer 7

Where there is a conflict between EU law and national law, EU law will take precedence

Question 8

Is UK legislation that is enacted before 31 December 2020 subject to supremacy?

Answer 8

Yes

Question 9

Are UK courts still bound by CJEU decisions?

Answer 9

No

Question 10

Does the Withdrawal Agreement have direct effect?

Answer 10

Yes