Withdrawal of UK from EU Flashcards
(13 cards)
What is the principle of supremacy of EU law?
Where there is conflict between EU law and national law, EU law takes precedence and national law must be disapplied.
What did Simmenthal (1978) confirm?
Supremacy applies in all national courts
Applies to laws made before and after EU membership
Conflicting national law must be disapplied, not voided
What Act repealed the ECA 1972?
The European Union (Withdrawal) Act 2018 (EUWA 2018), s.1 – effective from exit day (31 January 2020).
What were the key functions of the ECA 1972?
s.2(1): Gave effect to EU law
s.2(2): Enabled subordinate legislation
s.3(1): Recognised CJEU case law
s.2(4): Required UK law to conform to EU law
Can UK courts disapply UK law after Brexit?
Yes, if it conflicts with preserved EU law under the WA (s.7A and s.7C EUWA 2018).
How does s.38 EUWA 2020 assert sovereignty?
It reaffirms that Parliament remains sovereign and may override EU law or the WA by express or specific words.
What is assimilated law?
The bulk of EU law not preserved by the WA but retained under EUWA 2018 as domestic UK law. Since 2024, it is called assimilated law.
What does new s.5(A1) EUWA 2018 state?
Supremacy of EU law no longer applies to assimilated law from 2024.
What does s.5(A2) provide?
Courts must interpret assimilated law compatibly with domestic law
If incompatible, domestic law prevails
Can assimilated EU law be amended?
Yes.
By primary legislation
By subordinate legislation
What is the time limit for amendment powers?
Regulation-making powers under REULA 2023 cease to be available after 23 June 2026.
Are UK courts still bound by pre-Brexit EU case law?
Yes, except for:
The Supreme Court
Court of Appeal and certain other appellate courts (per 2020 Regulations)
Can courts consider post-Brexit CJEU case law?
Yes, but they are not bound by it (s.6(1)(a) EUWA 2018).
