Retained EU Law Flashcards
What is retained EU law?
Under EUWA 2018 all EU law in force at end of transition period has been converted into domestic law and labelled EU retained law.
What is vertical direct effect vs horizontal?
Vertical is EU law enforced against the state or state body. Horizontal is against private bodies.
What are regulations?
Directly applicable and automatically binding on all member states
What are directives?
Set out objectives to be achieved and oblige member states to pass domestic legislation to implement them.
What are decisions?
Decisions directly binding on who they address
What is the Francovich principle ?
States are liable to pay compensation to individuals who suffered a loss by reason of states failure to transpose an EU directive into national law.
What direct effect do regulations + decisions have vs directives
Directives can only have vertical effect whereas regulations and decisions can have horizontal and vertical
What main types of EU legislation can be converted into retained EU law ?
1) EU derived domestic legislation
2) Direct EU legislation
3) Rights arising under European communities act 1972
what happens if there is a conflict between EU retained law passed in 2010 and Act of parliament from 2018?
The EU retained law will prevail.
What is court approach to applying retained EU Law?
1) Determine status of relevant EU regulation and whether it is retained law.
2) has domestic law amended it ?
3) Retained EU should be given purposive construction
4) Take into account pre-IP completion day case law of CJEU
5) UK courts should take into account general principles of EU law that are recognised in case law before IP day
6) has law been amended by TCS and EU(FR)A
What are effects of Brexit freedom bill?
1) Power to change retained EU law
2) Ends principle of supremacy. Retained EU has priority over pre-IP completion day UK legislation.
