Withdrawal of the UK from the EU Flashcards
(51 cards)
What is the purpose of the Withdrawal Agreement in relation to EU law?
The purpose of the Withdrawal Agreement is to ensure that certain specific matters, such as the rights of Union citizens and their family members who were resident in the UK at the end of the transition period, continue to be governed by EU law.
What is the case of Costa v E.N.E.L. and what did it establish?
The case of Costa v E.N.E.L. (Case 6/64) established the supremacy of EU law. In this case, the Court of Justice rejected the argument made by the Italian government that national courts could override national law based on its incompatibility with the EEC treaty. The Court held that the law stemming from the Treaty could not be overridden by domestic legal provisions, establishing the principle of the supremacy of EU law.
How does the Withdrawal Agreement affect the application of EU law in the UK?
The Withdrawal Agreement provides for some EU law to continue to apply to certain specific matters in the UK. However, the rest of EU law, which is no longer preserved by the Withdrawal Agreement, is now governed by a separate legal regime.
What is the definition of a directive with direct effect?
A directive with direct effect is one that is capable of being directly enforced in a national court.
What are the two forms of tertiary acts in the EU?
The two forms of tertiary acts in the EU are delegated acts and implementing acts. Delegated acts allow the European Commission to adopt acts to supplement or amend EU secondary legislation, while implementing acts enable legally binding EU acts to be adopted for implementing other legally binding EU acts where uniform conditions for implementation are needed.
What is the principle of the supremacy of EU law?
The principle of the supremacy of EU law states that EU law cannot be overridden by national law. If national law is incompatible with EU law, the national law must be disapplied. This principle was established in the case of Costa v E.N.E.L. and has been reinforced in subsequent cases.
How can rights arising under a particular directive be relied upon by individuals who are not parties to a case?
Rights arising under a particular directive that have been recognized by a court before the end of the transition period as having direct effect could be relied upon by other individuals who are not parties to that case, in circumstances which the directive is intended to address.
How does the Court of Justice enforce EU law in national courts?
The Court of Justice has developed three methods of enforcing EU law in national courts: direct effect, indirect effect, and state liability. The principle of the supremacy of EU law ensures that EU law takes precedence over national law and must be immediately given effect.
What are the principal courts of the EU?
The principal courts of the EU are the Court of Justice of the European Union (CJEU) and the General Court. While there is no appeal from the national courts of the Member States to the EU courts, national courts can make preliminary references to the Court of Justice, which will then make a ruling on the referred question.
When did the UK leave the EU?
The UK left the EU on January 31, 2020.
What is the significance of international agreements in EU law?
The EU has legal personality and can enter into international agreements (treaties) on its own behalf within the realm of public international law. Article 216(1) TFEU empowers the EU to enter into international agreements in various circumstances. These agreements are binding upon the EU institutions and the Member States.
What is the status of the Charter of Fundamental Rights under UK law?
The Charter of Fundamental Rights is not retained by the EUWA 2018 and is no longer part of UK law since the end of the transition period. However, s5(5) clarifies that this does not affect the retention of any fundamental rights which existed under EU law at that time, irrespective of the Charter.
What is the legal framework governing the UK’s withdrawal from the EU?
The legal framework governing the UK’s withdrawal from the EU was established by the European Union (Withdrawal) Act 2018 (EUWA 2018). This Act repealed the European Communities Act 1972 and provided for the legal consequences of the UK’s withdrawal. The relationship between the UK and the EU following Brexit was initially governed by the Withdrawal Agreement.
What is retained EU law and how is it defined?
Retained EU law refers to EU-derived domestic legislation, direct EU legislation, and other EU law that continues to have effect in the UK. It is defined in the EUWA 2018 as any UK legislation enacted under Section 2(2) of the ECA or for one of the purposes in Section 2(2) of the ECA, or which otherwise relates to the EU.
What is the principle of the supremacy of EU law and how does it apply in the UK?
Under s5 EUWA 2018, the principle of the supremacy of EU law continues to apply in relation to any British law made in the UK before the end of the transition period. However, it does not apply to any British law made after the end of that period.
What are non-binding acts in the EU?
Non-binding acts in the EU are acts that are not legally binding on anyone. They include recommendations, opinions, communications, declarations, notices, programmes, and resolutions. These acts are colloquially known as ‘soft law’, although they are not forms of law and are not enforceable in national courts.
What is the role of Section 7A of the EUWA 2018?
Section 7A of the EUWA 2018 is drafted in similar terms to Sections 2(1) and 2(4) of the ECA 1972. It allows UK courts to disapply statutes that are incompatible with any EU law preserved by the Withdrawal Agreement after the end of the transition period.
How can retained direct EU legislation and other retained EU law be modified?
Retained direct EU legislation and other retained EU law can be modified by an Act of Parliament, by any other primary legislation (including primary legislation of the devolved assemblies in Scotland, Wales, and Northern Ireland), or by subordinate legislation made under a Henry VIII power to modify such retained EU law or to amend primary legislation.
What are the general principles of EU law?
The general principles of EU law are overarching legal principles that apply generally across EU law. They are used to aid the interpretation of specific rules of EU law, assess the lawfulness of EU activities and secondary legislation, and determine the lawfulness of Member State activities falling within the scope of EU law. Examples of general principles include equality and non-discrimination, respect for fundamental rights, and proportionality.
Under what circumstances can subordinate legislation modify retained direct minor EU legislation?
Subordinate legislation can modify retained direct minor EU legislation if the amendment is supplementary, incidental, or consequential to any modification of retained direct minor EU legislation. It cannot modify retained direct principal EU legislation or other retained EU law in any other circumstance.
What are the sources of EU law?
The sources of EU law can be categorized into six categories: primary sources (EU Treaties and the Charter of Fundamental Rights), secondary sources and acts (regulations, directives, and decisions), tertiary acts, case law, international agreements, and non-binding acts (soft law). Additionally, there are general principles of EU law derived from the EU treaties and case law.
How does Section 7C of the EUWA 2018 ensure compliance with the Withdrawal Agreement?
Section 7C of the EUWA 2018 requires questions as to the validity, meaning, or effect of provisions in the EUWA 2018, anything which is part of domestic law by virtue of those provisions, and anything else falling within the scope of the Withdrawal Agreement to be decided in accordance with the Withdrawal Agreement. This ensures compliance with the obligation in Article 4(2) of the Withdrawal Agreement to ensure the disapplication of domestic law incompatible with the Withdrawal Agreement.
What is the role of UK courts and tribunals in determining the validity, meaning, or effect of retained EU law?
UK courts and tribunals are required by s6(3) of the EUWA 2018 to determine any questions as to the validity, meaning, or effect of retained EU law (insofar as it remains unmodified) in accordance with the case law of the Court of Justice that existed at the end of the transition period. This case law is referred to as ‘retained EU case law’.
What are the methods of enforcement of EU law in national courts?
The Court of Justice has developed three methods of enforcing EU law in national courts: direct effect, indirect effect, and state liability. Direct effect allows certain EU legal acts to be directly enforced in national courts. Indirect effect requires national courts to interpret their national law in a way that is compatible with EU law. State liability enables individuals to seek compensation from a Member State for loss suffered as a result of a serious breach of EU law by that Member State.
