The Place of EU Law in the UK Constitution Flashcards
(20 cards)
What is the key principle established in the case of Factortame?
A. That UK Parliament cannot repeal EU treaties
B. That EU law could override constitutional statutes
C. That UK courts could disapply domestic legislation conflicting with EU law
D. That CJEU decisions were only advisory in the UK
C. That UK courts could disapply domestic legislation conflicting with EU law
Explanation: Factortame marked a major constitutional shift, confirming EU law supremacy over conflicting UK law.
Under the EU (Withdrawal Agreement) Act 2020, which statement best describes the role of EU law post-Brexit?
A. EU law is fully repealed from domestic law
B. EU law can still override UK primary legislation
C. All EU case law is automatically binding on UK courts
D. Some EU law remains binding where it is preserved under the Withdrawal Agreement
D. Some EU law remains binding where it is preserved under the Withdrawal Agreement
Explanation: Especially in areas like citizens’ rights and the Northern Ireland Protocol, some EU law retains domestic legal force.
Which section of the European Union (Withdrawal Agreement) Act 2020 reasserts parliamentary sovereignty?
A. Section 38
B. Section 4
C. Section 7C
D. Section 6
A. Section 38
Explanation: Section 38 explicitly declares that Parliament remains sovereign, capable of modifying or repealing retained EU law.
What is “retained EU law” primarily composed of?
A. EU laws passed after Brexit
B. Directly applicable EU laws and UK statutory instruments derived from EU law in force before exit day
C. UK common law adopting EU principles
D. Charter of Fundamental Rights and all CJEU case law
B. Directly applicable EU laws and UK statutory instruments derived from EU law in force before exit day
Explanation: Retained EU law ensures legal continuity post-Brexit by incorporating existing EU law as domestic law.
Before Brexit, how did the UK constitution accommodate EU law supremacy?
A. Through the European Communities Act 1972, which required domestic laws to be interpreted subject to EU law
B. By placing EU treaties above the Human Rights Act
C. Through the Royal Prerogative
D. Via international agreements outside parliamentary control
A. Through the European Communities Act 1972, which required domestic laws to be interpreted subject to EU law
Explanation: ECA 1972 ss.2(1) and 2(4) ensured EU law took precedence over conflicting domestic law.
What was repealed by the European Union (Withdrawal) Act 2018 on exit day?
A. Treaty of Lisbon
B. CJEU jurisdiction
C. European Communities Act 1972
D. General principles of EU law
C. European Communities Act 1972
Explanation: The ECA was the statute that gave EU law effect in the UK; it was repealed to remove EU supremacy post-Brexit.
What principle was established in Costa v ENEL?
A. That national courts can overrule EU law
B. That EU law applies only to civil cases
C. That EU law has supremacy over conflicting national law
D. That EU law is subject to human rights conventions
C. That EU law has supremacy over conflicting national law
Explanation: Costa v ENEL laid the foundation for EU law supremacy, later adopted by UK courts.
What role do UK courts have regarding post-Brexit CJEU decisions?
A. They may treat them as persuasive, but not binding
B. They must apply them in all cases involving retained law
C. They cannot refer to them at all
D. They must disapply UK law if it conflicts
A. They may treat them as persuasive, but not binding
Explanation: Post-Brexit, new CJEU decisions have no binding force, though they may influence interpretation.
What must a UK court do if retained EU law conflicts with a new Act of Parliament post-Brexit?
A. Apply the new Act, as Parliament is sovereign
B. Disapply the Act and follow retained law
C. Refer the matter to the CJEU
D. Follow the general principles of EU law
A. Apply the new Act, as Parliament is sovereign
Explanation: Section 38 EUWA 2020 confirms that Parliament has final authority, and retained law can be overridden by express legislation.
Under the Withdrawal Agreement, what area of the UK remains partially aligned with EU law?
A. Scotland
B. Northern Ireland
C. London and Greater Manchester
D. Wales
B. Northern Ireland
Explanation: The Northern Ireland Protocol maintains alignment with certain EU rules to avoid a hard border with the Republic of Ireland.
A UK Act passed in 2023 contradicts retained EU environmental law. What must the court do?
A. Apply retained EU law
B. Refer to the CJEU
C. Apply the new UK Act
D. Issue a declaration of incompatibility
C. Apply the new UK Act
Explanation: Post-Brexit, UK Acts override retained EU law, unless Parliament says otherwise.
A claimant argues that a 2022 regulation breaches a general principle of EU law (e.g. proportionality). Can they rely on this in court?
A. Yes, fully enforceable
B. Yes, under direct effect
C. Only where expressly preserved in retained law
D. Only if the CJEU agrees
C. Only where expressly preserved in retained law
Explanation: General principles of EU law are limited post-Brexit and only apply if explicitly retained.
A UK court is asked to disapply a recent Act of Parliament because it conflicts with retained EU law. What should it do?
A. Uphold the Act, as Parliament is sovereign
B. Seek guidance from the European Parliament
C. Refer the question to the Supreme Court
D. Apply EU supremacy doctrine
A. Uphold the Act, as Parliament is sovereign
Explanation: There is no longer EU law supremacy — courts must follow UK primary legislation.
A judge is interpreting a retained EU regulation. Which legal source can they still consult?
A. Post-Brexit Acts of the European Council
B. The Charter of Fundamental Rights
C. Pre-Brexit CJEU case law
D. New EU directives
C. Pre-Brexit CJEU case law
Explanation: Pre-Brexit CJEU decisions remain binding on lower courts, unless overruled by higher UK courts.
A UK regulation enacted in 2015 under the ECA conflicts with a 2021 domestic statute. Which takes precedence?
A. The 2015 regulation
B. The one most consistent with EU law
C. The older measure under the continuity principle
D. The 2021 domestic statute
D. The 2021 domestic statute
Explanation: Retained EU law has no supremacy; later primary legislation overrides it.
What was the effect of the repeal of the ECA 1972 on 31 January 2020?
A. It ended all obligations to EU courts
B. It invalidated all EU-derived law
C. It removed the legal basis for automatic supremacy of EU law
D. It required a referendum for future EU laws
C. It removed the legal basis for automatic supremacy of EU law
Explanation: Repealing the ECA ended direct effect and supremacy of EU law unless retained domestically.
What is one key difference between retained EU law and pre-Brexit EU law?
A. Retained EU law has treaty status
B. Retained EU law is UK domestic law and lacks supremacy
C. Retained EU law must be approved by the CJEU
D. Retained EU law can only be changed by referendum
B. Retained EU law is UK domestic law and lacks supremacy
Explanation: Retained EU law is now subordinate to Acts of Parliament, unlike EU law during membership.
Can UK courts still refer matters to the CJEU?
A. Only in certain Northern Ireland cases under the Protocol
B. No, all referrals have ended
C. Only the Supreme Court may refer
D. Yes, under section 3 of EUWA
A. Only in certain Northern Ireland cases under the Protocol
Explanation: Article 12 of the NI Protocol allows referrals on specific matters.
What is the legal status of the Charter of Fundamental Rights post-Brexit?
A. Fully incorporated
B. Binding on all courts
C. Retained under s.4 EUWA
D. Not part of UK law unless rights overlap with general principles
D. Not part of UK law unless rights overlap with general principles
Explanation: The Charter was not retained, though some rights remain via general principles or retained law.
Which body had the final say on EU law during the UK’s membership?
A. UK Parliament
B. UK Supreme Court
C. UK High Court
D. The Court of Justice of the European Union (CJEU)
D. The Court of Justice of the European Union (CJEU)
Explanation: The CJEU ensured uniform interpretation and enforcement of EU law across Member States.
