Withdrawal of UK from EU

Question 1

When did the UK leave the EU and what is its withdrawal known as?

Answer 1

The UK was a member of the EU and its predecessor communities for 47 years. It left the EU in January 2020 and the withdrawal is known as Brexit.

Question 2

What act repealed the ECA 1972?

Answer 2

EU Withdrawal Act 2018 however EUWA 2018 provides for much of EU law to continue to have effect on the UK to avoid any chaos that would have ensued if all of the EU law had been repealed at the same time.

Question 3

What are the primary sources of EU law?

Answer 3

EU treaties:

Treaty on the Functioning of European Union (TFEU)

Treaty of European Union (TEU)

Question 4

What are the three secondary sources of EU law?

Answer 4

1. Regulations
2. Directives
3. Decisions

Question 5

EU regulations are directly applicable in Member States. What does this mean?

Answer 5

Regulations are one form of secondary legislation which have direct applicability in Member States meaning the Member State does not have to enact their own legal measures to implement it.

Question 6

Are EU directives directly applicable/binding?

Answer 6

Directives are binding upon each Member State but they are not directly applicable. Member States have to implement directives by enacting their own legal measures.

Question 7

What is the deadline for implementing a directive?

Answer 7

2 years after the directive was adopted.

If no deadline, the deadline will be 20 days after publication of the directive.

Question 8

Are EU decisions directly applicable/binding?

Answer 8

They are binding to those whom it is addressed but not directly applicable.

Question 9

Is there a route of appeal from national Courts to EU Courts?

Answer 9

There is no appeal from national courts to the EU courts, but national courts can make preliminary references to the CJEU if there are questions about EU law.

Question 10

When did the UK leave the EU?

Answer 10

31 January 2020

Question 11

How long did the transition period last for under Part 4 of the EU Withdrawal Agreement 2020 provide for?

Answer 11

Part 4 of the Withdrawal Agreement provided for EU law to continue to apply in the UK during a transition period which lasted until 31 December 2020.

Question 12

Was the ECA 1972 preserved during the transition period?

Answer 12

Yes, S1(B) EUWA 2018 prevented the repeal of the ECA from having effect during the transition period by preserving EU-derived domestic legislation passed prior to the UK’s withdrawal.

Question 13

What are the two different legal regimes that govern the application of EU law in the UK after the transition period?

Answer 13

1. Preserved EU law
2. Rest of EU law (assimilated EU law)

Question 14

What specific matters under EU law are preserved by the EU Withdrawal Agreement 2020?

Answer 14

The rights of Union Citizens and their family members who were resident in the UK at the end of the transition period.

Question 15

What does S7A EUWA 2018 allow UK courts to do?

Answer 15

It allows UK courts to disapply statutes where they are incompatible with any preserved EU law.

Question 16

What does S38 EUWA 2020 state in relation to parliamentary sovereignty?

Answer 16

That Parliament remains sovereign notwithstanding the insertion of these sections into the EUWA 2018. One consequence is that Parliament retains the right to override EU law by using express words.

Question 17

What did the Retained EU Law Revocation and Reform Act (REULA) 2023 do?

Answer 17

It substantially reduced the forms of EU law retained under the second regime of assimilated EU law.

Question 18

Does EU-derived domestic legislation still apply in the UK?

Answer 18

S2 EUWA 2018 retains EU-derived domestic legislation . It is defined as any UK legislation which was enacted under s2(2) of the ECA, or which otherwise relates to the EU.

Question 19

Does direct EU legislation still apply in the UK?

Answer 19

S3 EUWA 2018 retains direct EU legislation, which can be defined as any EU regulation, decision or tertiary legislation which is in force and applicable in domestic law immediately before the end of the transition period.

Question 20

Does the principle of supremacy of EU law apply to assimilated EU law?

Answer 20

No, this principle ceased to be applicable where assimilated EU law is involved at the end of the transition period.

Question 21

What obligations are UK courts under in relation to assimilated direct EU legislation?

Answer 21

An interpretative 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 possible.

Question 22

If a compatible interpretation of assimilated EU law and a domestic enactment is not possible, what happens?

Answer 22

When a compatible interpretation is not possible, the assimilated direct EU legislation is subject to domestic enactments in so far as it is incompatible with them.

Question 23

What does S7 REULA 2023 state and when does it apply?

Answer 23

-Courts and tribunals are under an interpretative obligation to read and give effect to the domestic enactment in a way which is compatible with the assimilated direct EU legislation in so far as possible

-Where this is not possible, the relevant domestic enactment will be subject to the assimilated direct EU legislation in this instance. This retains EU supremacy in this regard.

This section only applies to regulations made by ministers that specify the relationship between a domestic act and a provision of assimilated EU legislation is to be governed by that section

Question 24

Where domestic law proves to be incompatible with assimilated EU law, what can a Court or tribunal do?

Answer 24

Make an incompatibility order. This only notifies the Government and Parliament that the incompatibility exists, they then decided whether or not to amend the offending legislation.

Question 25

Are UK Courts and tribunals to make preliminary references to the CJEU on questions of assimilated EU law?

Answer 25

No, this is no longer possible.

Question 26

Can assimilated direct EU legislation be modified by UK Government?

Answer 26

Section 7(4A) EUWA 2018 specifically permits assimilated direct EU legislation to be modified by both primary and secondary legislation.

Both EUWA 2018 and REULA 2023 provide various powers to make subordinate legislation to amend EU assimilated law:

Question 27

Does assimilated EU case law bind UK Courts?

Answer 27

Yes, under S6(3) EUWA 2018, assimilated EU case law which includes decisions made before the end of the transition period, remains binding on UK courts below the Court of Appeal level.