European Union Law (OCR A-Level Law): Flashcards

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Impact of EU Law on the Law of England and Wales
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Supreme Court duty on EU law questions during membership

Mandatory referral to CJEU

Von Colson (1984) principle

Courts interpret domestic law in light of EU directives

European Communities Act 1972 Section 2 effect

EU law takes precedence over conflicting UK law

Factortame (1990) significance

First time UK court disapplied an Act of Parliament

How parliamentary supremacy was retained

Power to repeal European Communities Act 1972

Van Duyn (1974) principle

Treaty provisions have vertical direct effect

Marshall (1986) rule on directives

Directives have vertical but not horizontal effect

Francovich (1991) principle

States liable for loss from failing to implement directives

Vertical vs horizontal effect distinction

Individual v state (works) vs individual v private (doesn't)

Brexit impact on parliamentary supremacy

Fully restored - Parliament can amend/repeal retained EU law

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