Untitled Deck Flashcards
What is retained EU law?
Retained EU law refers to the laws that were in force in the UK immediately before the end of the transition period and continue to apply after the UK left the EU. Some EU laws were repealed, but many remain in force and can be kept or replaced by UK law.
What are the main categories of retained EU law?
The main categories of retained EU law are: 1. EU-derived domestic legislation 2. Direct EU legislation 3. Rights arising under Section 2(1) of the European Communities Act 1972.
What is EU-derived domestic legislation?
EU-derived domestic legislation refers to secondary legislation enacted by the UK government to implement EU directives, ensuring EU obligations continue in UK law after the transition period.
What is direct EU legislation?
Direct EU legislation includes EU regulations, which are automatically binding on all EU member states and continue to apply in the UK under retained EU law.
What rights are preserved under Section 2(1) of the European Communities Act 1972?
Section 2(1) preserves directly effective rights under EU treaties, such as the right to equal pay (Article 157 TFEU), which individuals can enforce in UK courts without needing domestic legislation.
How does the EU Withdrawal Act (2018) convert EU law into UK law?
The EU Withdrawal Act converts EU law into UK law through: - Section 2: Retaining secondary EU-derived legislation - Section 3: Ensuring direct EU legislation remains part of UK law - Section 4: Preserving directly effective rights from EU treaties.
What is retained case law?
Retained case law includes decisions made by EU courts before the end of the transition period, which UK courts must follow, except for the UK Supreme Court and High Court of Justice in Scotland.
What are retained general EU principles?
Retained general EU principles are principles like proportionality, equality, and subsidiarity, which continue to apply in UK law, though failure to comply with these principles cannot give rise to a right of action.
Can UK courts rely on post-transition EU judgments?
UK courts are not bound by post-transition EU judgments, except for the UK Supreme Court and High Court of Justice in Scotland, although they may consider such judgments.
What powers do UK ministers have under Section 8 of the EU Withdrawal Act?
Section 8 grants UK ministers the power to correct deficiencies in retained EU law, such as provisions that no longer apply or are not relevant due to the UK’s withdrawal from the EU.
What happens if there is a conflict between retained EU law and pre-completion UK law?
Retained EU law will take precedence over pre-completion UK law in the case of a conflict.
Can retained EU law be challenged in UK courts?
Retained EU law can be challenged in UK courts, but it cannot be challenged based on invalidity of EU instruments after the transition period. Challenges can be made for deficiencies or incompatibilities within retained law.
What is the Withdrawal Agreement (2019)?
The Withdrawal Agreement sets the terms for the UK’s exit from the EU, including citizen rights, financial settlements, and the Northern Ireland protocol. These provisions have direct effect in UK law, allowing EU citizens to rely on them in UK courts.
