The UK and the EU

EU law is a source of UK law (p15-16) treaties secondary legislation regulations – have a direct effect directives – binding on states but must be implemented through national law to become binding on individuals decisions of the ECJ: binding on those to whom they are adressed EU law is a source of UK law (p15-16) EU law: consists of: Treaties > such as the Maastrictht treaty / Treaty of Rome Primary legislation is agreed by direct negotiation between the governments of Member State. secondary legislation regulations – have a direct effect (means > automatically become law in member states) directives – binding on states but must be implemented through national law to become binding on individuals decisions of the ECJ: binding on those to whom they are adressed

EU law has supremacy over UK law UK law can be ‘disapplied’ by a court if it conflicts with EU law What about Parliamentary sovereignty? Parliament enacted the European Communities Act (1972) Thus Parliament agreed to the limitations on its sovereignty this implied … … and could repeal the 1972 Act if it chose EU law has supremacy over UK law > takes precedence over UK law can be ‘disapplied’ if it conflicts with EU law (Factortame) Why is this a bit odd, considering what we have seen in other weeks? Usually not possible for a court to strike down an Act of P > principle of^parliamentary sovereignty Parliament enacted the European Communities Act (1972) > Joined the EU and stated that eu law would take precedence over UK law Parliament agreed to the limitations on its sovereignty this implied, voluntaril gave up a part of their sovereignty … … and could repeal the 1972 Act if it chose, could reclaim that sovereignty at any timr Therefore Parliament remains sovereign And of course we now know that this is actually going to happen, and the UK is going to leave the EU and re-establish sovereignty. In the second part of the class look at how this happened and what the consequences are.

Brexit

The road to Brexit 1972 European Communities Act 1970’s > 2016 eurosceptic Tory backbenchers called for the UK to leave the EU 2012 > UKIP became increasingly popular 2015 general election UKIP got 13% of votes nationally (but only 1 MP) The Conservative Party won with a promise to hold a referendum on EU membership 1972 European Communities Act 1970’s > 2016 eurosceptic Tory backbenchers called for the UK to leave the EU Always euroscepticim in the UK – but was not the attitude of the majority 2012 > UKIP became increasingly popular > populist, right-wing, eurosceptic party 2015 general election UKIP got 13% of votes nationally (but only 1 MP) The Conservative Party won with a promise to hold a referendum on EU membership

The road to Brexit (2) 2015 Parliament voted to hold a referendum on EU membership it was described as ‘advisory’ all the major parties wanted to remain in the EU 2016 - campaigning began The Leave campaign focused on immigration EU funding Official materials stated that the government would implement the result of the vote. 2015 Parliament voted to hold a referendum on EU membership it was described as ‘advisory’ (not binding) all the major parties wanted to remain in the EU Everyone believed at this point the UK woukld vote to remain 2016 - campaigning began The Leave campaign focused on Immigration – take back control of our borders > eu involves free movement and open borders for eu citizens EU funding BUT there were lots of other issues raised to do with sovereignty and control Many people thought that it would be possible to have a Norway-style agreement, to maintain access to the single market, and even freedom of movement

The road to Brexit (3) June 23rd 2016: the vote

Brexit David Cameron, the Prime Minister, immediatey announced that he would resign. Theresa May (who campaigned for Remain) replaced him. The UK is heading for a hard Brexit A Great Repeal Bill will repeal the European Communities Act (1972) all EU law which currently applies will become part of UK law Parliament will decide to amend, repepal or keep it David Cameron, the Prime Minister, immediatey announced that he would resign. Theresa May (who campaigned for Remain) replaced him. The UK is heading for a hard Brexit No access to the single market, no freedom of movement > A Great Repeal Act will repeal the European Communities Act (1972) all EU law which currently applies will become part of UK law > Parliament will decide to amend, repepal or keep it >