Withdrawal of UK from EU Flashcards
when was Brexit and under which Article did the UK trigger its withdrawal from the EU?
2020/ Article 50 TFEU
Breakdown of EU law sources and examples
- PRIMARY (treaties)
- SECONDARY (regulations, directives, decisions, guidelines/notices, recommendations/opinions)
- TERTIARY (case law, principles, international treaties)
difference between directives and regulations
Regulations have general application throughout the EU, are binding in their entirety and are directly applicable to all Member States.
Directives apply to those MSs to which they are addressed and are binding upon such MSs, but the precise form and methods of implementation are left to the discretion of each MSs.
what are Decisions?
Decisions apply to those persons to whom they are addressed and are binding in their entirety upon those persons.
they do no require the legislatures of MSs to enact them to have legal effect; they are used when there is no express Treaty Provision.
TRUE OR FALSE: the European Court of Human Rights is one of the courts of the EU.
FALSE, it has nothing to do with the EU.
what are some general principles of EU law?
- equality and non-discrimination
- respect for fundamental rights
- proportionality
Which ONE of the following statements about the acts of the European Union and the sources of EU law is correct?
A. Regulations only become applicable in a Member State once they have been implemented by it.
B. The European Union lacks the legal personality to enter into binding international agreements.
C. Decisions are capable of being classified as secondary legislation
D. Recommendations are binding only upon the parties to whom they are addressed.
E. The Charter of Fundamental Rights overrides any incompatible provisions of the EU Treaties.
C
Which ONE of the following statements about directives is CORRECT?
A. Directives lay down objectives to be achieved rather than detailed rules.
B. Directives are binding only on Member States.
C. Directives will specify a deadline for the European Union to implement them.
D. Directives are directly applicable within Member States.
E. Directives are a form of primary legislation.
B
Which one of the following statements, laid down by the Court of Justice in relation to the supremacy of EU law, is correct?
A. The supremacy of EU law is not applicable in the national constitutional courts of the Member States.
B. The effect of the supremacy of EU law is to invalidate incompatible national law of the Member States.
C. The supremacy of EU law applies irrespective of whether the national law of the Member States was enacted before or after the EU legal measure.
D. The supremacy of EU law is subject to the fundamental rights provisions of the national law of the Member States.
E. The supremacy of EU law takes effect only in accordance with the national constitutions of the Member States.
C
What did the European Communities Act 1972 provide for the UK’s membership of the EU?
- gave effect to EU law in UK
- provided a power to make subordinate legislation to implement EU law as required
- provided that questions of EU law should be determined by the decisions and principles cited by the CJEU
- provided that “any enactment passed or to be passed shall be construed and have effect subject to EU law”
what is the Withdrawal Agreement?
provided for EU law to continue to apply in the UK during a transition period which lasted until 31 December 2020. This is referred to as the implementation period in the two EUWAs (European Union (Withdrawal Agreement) Act 2020.
Retained EU law (what continues to have effect in the UK)
- EU-derived domestic legislation
- Direct EU legislation
- Other EU law which was applicable in UK law by immediately before the end of the transition period.
How does the EUWA 2018 permit to modify the retained EU law?
- by an Act of Parliament
- by any other primary legislation
- by subordinate legislation where it is made under a Henry VIll power to modify such retained EU law or to amend primary legislation.
The following statements concern the current effect of EU law in the UK where that EU law has NOT been preserved by the Withdrawal Agreement. Which ONE of the following statements is correct?
A. State liability is only available as a method of enforcement against central government.
B. The UK courts and tribunals can still make preliminary references to the Court of Justice on retained EU law.
C. The Court of Appeal is no longer bound by retained EU case law which existed at the end of the transition period.
D. The Charter of Fundamental Rights continues to be part of UK law.
E. The principle of the supremacy of EU law ceased to apply to any UK law irrespective of when that UK law was made.
C
