Impact of EU on UK laws (8)

• EU law takes precedence over national law 


  This included UK law before Brexit

  
  

  Van Gend en Loos - confirmed EU law took precedence over Dutch law

  Costa v ENEL - EU law took precedence over Italian law

  Ex Parte Factortame - EU law took precedence over UK law

  
  

  However after Brexit:

  • Regulations and treaties are no longer enforceable in UK
  • Laws brought in to meet targets of EU directives are still part of UK law
• Directly Applicability and Direct Effect


  EU law is directly applicable for all member states

  
  

  Treaties and regulations:

  • UK citizens had a claim against UK government and against another UK citizen

  Directives:

  • UK citizens had a claim against the UK government however didn't have a claim against another UK citizen
• Impact on Parliamentary Sovereignty


  Member states have transferred sovereign rights to the EU

  
  

  However, each member state had right to withdraw - European Union (Withdrawal Agreement) Act 2020

  
  

  But laws passed due to EU directives still apply after Brexit
• Impact on Equal Treatment 


  National courts have a duty to disapply any national laws which do not provide equal treatment

  
  

  They do not need to apply to the ECJ first to do

  
  

  Kucekdevici principle

  
  

  Applied in UK before Brexit - cases will have set precedents that will still be followed in courts here