Unit 2 EU- Legal consequences of UK withdrawal

What does section 2 of the ECA do ?

It provided stricter emphasis on EU supremacy namely direct applicability and guaranteed EU supremacy. Uk courts also became a part of the EU judicial system.

What is the ECA 1972

European communities act - the act that made the UK a part of the EU.

What did the ECA do in terms of parliamentary sovereignty?

It restricted parliamentary soverignity and the UK could not legislate against EU law, it changed the UK’s constitution because they had to interpret UK law in line with EU law.

What is sincere co operation and what clause does that come under

Article 4 (3) of the TEU,

meant that they had to Member States must implement European Union law effectively;

• they must not take actions that undermine EU objectives;

What are the ways in which EU law was supreme over UK Law

Article 4 (3) TEU sincere co-operation.

EU regulations becoming automatically incorporated and binding without a further act of parliament.

Gave effect to the doctrine of supremacy, when in doubt, refer the question to the CJEU( the preliminary rulings procedures)

Factorame - judges disappointed uk laws in favour of EU laws.

What is vertical effect

Between an individual and the state

Horizontal effect and case of retirement

Between two private individuals/ companies - Duke v Gec Reliance 1988. Case doesn't apply to EU supremacy.

How did joining the EU give more rights to the citizens of the UK

Because the UK paid compensatiom when infringement of EU treaty rights by the Uk led to a financial loss due to member state liability.

What was the 2016 referendum

It was the vote that the uk citizens took where they decided that they wanted to leave the eu

What was the act that made the uk leave the eu

EU withdrawal act 2018

What was the significance of the EU withdrawal act 2018

Relealed the ECA and aimed to de-Europeanise. Created retained eu law and ended eu supremacy

What was the process that article 50 of the TEU set out for withdrawal

Member States are required to notify the European council in which the council then has to draw up an agreement of arrangements. They have to apply again if they wish to join again.

What did article 50 of the TEU provide

2year period to negotiate the EU exit,

Explain the two types of retained eu law and it's difference

Direct eu law is all applicable EU laws such as the regulations and decisions

Retained EU law is EU derived legislation that is enacted into the UK to implement from EU obligation.

What was the EU withdrawal act of 2020

Another act had to be passed in order for the 2018 to take effect. Meet international uk obligations

What is REUL 2023

Revocation and reform act. It's objective was to De europeanise the uk.