EU Flashcards
(19 cards)
Van Loos case
established direct effect
up to national courts to enforce EU law
costa v ENEL
EU law has primacy
Handelgestshaft case
national give way to EU if constitutional clash
Simmental case
any national court can set aside national law that conflicts with EU law even if they don’t have that power
Factortame
can injunction UK act of parl
Wade
setting aside acts of parl amounts to a legal revolution
implied repeal cannot be changed by leg only revolution
thoburn
constitutional statutes
if EU law breached conmon law liberties jt may not be superior
Laws LJ - EU supremacy is a presumption to be set aside
marleasing case
all national le interpreted with objectives of EU law
Benkarbouche case
UK law set aside as EU rights violated
HS2 case
constitutional principle of supremacy of EU but if clash with bill of rights EU would not automatically have this supremacy
Weiss and others
german case - EU law clashed with constitutional identity and was set aside
withdrawal agreement
transition period 1yr
8yr disputes before withdrawal can be sent to ECJ
rights of EU citizens given EU rights and UK given UK rights on top of present countries righrs
snapshot of EU law
NI protocol
no hard border - created one between GB and NI
Windsor framework
Green channel
NI brake - 30 members can reject EU laws proposed
the laws must have significant impact on day to day life - not trivial
still subject to EU single market
Dillan v SOS for NI
EU directive took precedence over UK rights
therefore due to NI protocol UK cannot unilaterally change rights in NI
Trade agreement
standards must meet UK and EU
if one changes standards other can tariff
service providers comply with rules of home state
Lipton v BA
if facts before withdrawal and was a case under EU law then bound by pre brexit case law
retained EU revocated and reform act 2023
revoked primacy of retained EU law over new acts
ministers power to give some primacy again
renamed it to assimilated law
EU future relationship act
general ans broad words
