Place of the EU in the UK Constitution

Question 1

The European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 took a _______ of all EU law that was part of the UK legal system at the end of the ________ ______ and converted it into a new body of UK law called __________ __ ____

Answer 1

snapshot, transition period, retained EU law

Question 2

All pre-Brexit primary and secondary legislation implementing EU directives is __ _________ ______ _______ and has been preserved as UK law

Answer 2

EU-derived domestic legislation

Question 3

EU Regulations that were automatically binding on member states have been retained as _____ __ __________

Answer 3

direct EU legislation

Question 4

EU Treaties that had direct effect and could directly be relied on in court have been preserved as ______ ________ __ ____

Answer 4

directly effective EU law

Question 5

What is meant by the principle of direct effect?

Answer 5

A doctrine that allows individuals to invoke an EU law provision before a national court

Question 6

The UK can ________ __ _____ retained EU law

Answer 6

repeal or amend

Question 7

In the event of a _______ between UK law enacted before the end of the transition period and _________ __ _____, then the latter will prevail

Answer 7

conflict, retained EU law

Question 8

Legislation enacted after the _________ _____ is not subject to the principle of __________, which means that the UK can legislate ________ to EU law

Answer 8

transition period, supremacy, contrary

Question 9

Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?

Answer 9

No

Question 10

Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?

Answer 10

No - they are invalid

Question 11

Are devolved legislature acts enacted after the transition period valid even if they conflict with EU law? If so, when?

Answer 11

Yes - provided the act is within the devolved nation’s legislative competence

Question 12

What is the term given to retained EU decisions of the CJEU and where are they binding in the UK?

Answer 12

retained EU case law, all domestic courts besides the UKSC and UKCA

Question 13

Which courts in the UK can depart from retained EU case law when it appears right to do so?

Answer 13

Supreme Court and Court of Appeal