Retained EU Law Flashcards
What does direct effect mean?
Rights that individuals can can enforce in national courts
What is vertical effect?
EU law that can be enforced against state (government or public sector)
What is horizontal effect?
EU law that can be enforced against a private organisation
When can directives be enforced?
Directives which have not been implemented correctly are capable of having vertical direct effect.
When do directives become retained EU law?
When they have been recognised in an UK/ EU Court or tribunal before IP completion day s4 EU (withdrawal) Act.
^This is applicable until the end of 2023, directives after 2023 are no longer enforceable s2 Retained EU law Act.
How is assimilated legislation normally interpreted?
It is interpreted in line with assimilated case law, consisting of assimilated domestic and EU case law. This can be done by any UK court
What is CJEU?
Courts of justice European Union
What is assimilated law?
Retained EU law
Can a new act impliedly repeal a right derived from the withdrawal agreement?
No, supremacy is given to the withdrawal act. The supreme court gives priority to the act over conflicting national law and it can not be impliedly repealed.
Does EU-derived legislation continue to have effect post IP-completion day?
Yes, EU-law passed by parliament continues to have effect and and can be enforced by UK courts.
Are the principle’s formed by EU enforceable?
The principle’s are recognised retained EU law but post IP-completion day UK courts are not required to disapply legislation which breaches the principle
