Withdrawal of UK from EU Flashcards
when was the eu established?
1993.
what act made EU law have an effect in the UK?
EU communities act 1972.
This was repealed by the EU withdrawl act 2018 when the UK left the EU.
what are the two main EU treaties?
Treaty of the European union and treaty on the functioning of the EU.
what are directives?
binding on the member state to which it is addressed, but leaves the choice of form and methods to member states.
deadline for implementing a directive will normally be specified in the directive itself (if not 20 days after publication of the directive)
what are deciisons>
specifies those to whom it is addressed and shall only be binding on them.
what are tertiary acts?
The TFEU provides for two forms of tertiary act: 1) Delegated acts Article 290 TFEU enables EU secondary legislation (regulations, directives and decisions) to delegate the power to the European Commission to adopt delegated acts to supplement or amend that secondary legislation. 2) Implementing acts Article 291(2) TEU enables legally binding EU acts to confer on the European Commission the power to adopt acts for implementing those legal binding EU acts where uniform conditions for implementation are needed.
what was the most significant provision in the european communities act 1972?
any enactment passed or to be passed shall be construed as having effect subject to eu law.
what was the transition period when we left the EU>
eu law to continue to apply in the uk during a transition period which lasted until 31 december 2020.
what are the two different legal regimes that govern eu law after the transition period?
- withdrawl agreement provides for some eu law to continue to apply to certain specific matters in the uk.
- application of the rest of eu law- is governed by a different regime.
what eu law has been reserved?
Uk courts remain able to disapply statutes where they are incompatible with any EU law which continues to be preserved by the withdrawal agreement.
BUT
Parliament retains the right to override EU law by using express words or at least specific words that disclose a deliberate intention to do so.
withdrawal agreements and the eu courts of justice?
- interpet cases in conformity with the case law of the courts of justice made before the end of the transition period.
EUWA 2018 regime two?
- converted the rest of eu law not retained into domestic uk law so can be repealed or amended.
has supremacy of eu law ceased>
yes, at the end of 2023, the principles ceased to be applicable when assimilate eu law is involved.
- courts are under an interpretive obligation to read and give effect to assimilated direct eu legislation in a way which is compatible with all domestic enactments in so far as it is possible to do so.
devolved legislatures and withdrawal fromeu?
allows devolved legislatures to amend retained direct eu legislation through primary or subordinate legislation where the retain legislation falls within their devolved competence.
