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17 Cards in this Set
- Front
- Back
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European Communities Act 1972 |
An Act of the Parliament which legislated for the accession of the United Kingdom to the European Economic Community (EEC) |
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Section 2(4) ECA 1972 |
All UK legislation, including primary legislation have effect "subject to" directly applicable EU law. NOTE: New changes effective 5 December 2016. |
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Section 3 (1) ECA 1972 |
all ECJ decision is binding |
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European Union Referendum Act 2015 |
Referendum to be held in the United Kingdom of Great Britain and Northern Ireland and Gibraltar, on whether they should remain a member of the European Union. - only advisory but not binding. |
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European Union 2011 |
New treaties and treaty changes must be approved by both Houses of the Parliament, and if major changes are made by a treaty, the European Union Act 2011 also requires referendum. |
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Article 6 Treaty on European Union |
Has the effect of giving formal recognition that human rights, especially those protected by ECHR, are part of EU law and are protected by the ECJ. |
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EU Regulations |
are 'Directly Effective' in all Member States. |
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EU Decision and Directive |
is "Binding" in all Member States |
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Sir Robert Megarry |
Once an instrument is recognised as an Act of Parliament and is compatible with any enforceable Community Law, no English court can refuse to obey it or question its validity. |
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Rhodri Thompson QC |
Parliament remains sovereign but recognises the binding nature of EU law. |
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McCarthy v Stone |
Judicial observations that it is possible for Parliament to expressly repeal ECA 1972 |
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Thoburn (2003) |
The common law recognised "constitutional statutes" that ECA 1972 cannot be repealed by Weights and Measurement Act (1985), as per Laws LJ |
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Ellen Street Estates |
The earlier Act will be implied repeal of the later Act. |
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Costa v ENEL |
established the EU law is supreme over national laws. |
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Van Gend en Loos ("VGL") |
The EC is a new legal order with sovereign powers. |
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Van Duyn v Home Office |
Miss Van Duyn attempted to rely on article 48 of the Treaty, and Art 3 of Directive 64/221, which allowed free movement of workers in the EU. She was not allowed entry because of her religion is Scientology. Held: Miss van Duyn was allowed to invoke the Art 3 Directive against the HO directly before the Dutch court (i.e. vertical direct effect) |
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ex p EOC |
The court declared that primary legislation was incompatible with Community law. |
