Adam Cygan
Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons.
Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a diverse range of projects developing institutional capacity and instructing on best practice for civil servants and parliamentarians. This includes recent EU Commission projects in Albania and Azerbaijan as well as projects funded by the UK Foreign Office in Egypt and Libya which involved the establishment of oversight and scrutiny committees in countries seeking democratic transition.
Professor Cygan has key communication, organisational and analytical skills that are required for provision of expertise and consultancy as well as extensive experience of producing training manuals and organising and delivering face to face training.
Practice Areas
Panels
- Consulting Editorial Board
- Contributing Author
- Q&A Panel
11 Contributions by Adam Cygan
PRACTICE NOTES
Consequences of EU law infringements: Articles 258 and 260 TFEU, Commission enforcement, pecuniary penalties, direct effect, state liability and effective remedies in national courts
Any breach of EU law by a Member State undermines the effectiveness of that law. In addition, the non-compliant State may face consequences at EU level, being held to account by the European Commission and the Court of Justice. Individuals may likewise bring claims in the domestic courts against the Member State where an infringement of EU law limits their rights...
Infringements of EU law can arise in several different ways:
complete failure to give effect to an EU measure, eg not transposing a Directive by the deadline set within the Directive (see Francovich v Italian State)
incorrect transposition of a Directive by a Member State (see R v Secretary of State for Transport, ex parte Factortame)
failure by a Member State to adjust existing legislation so it complies with the requirements of an EU measure (see Commission v Germany (Beer Purity) and Factortame III & Brasserie du Pecheur)
an administrative shortcoming by a Member State in not following a procedure required by an EU measure, eg failing to investigate a breach of EU competition rules...
EU Law
PRACTICE NOTES
EU External Competence Post‑Lisbon: Exclusive and Shared Powers, Treaty Bases (Arts 216–219 TFEU), Case Law, International Agreements, CCP and CFSP
The EU’s external responsibilities
are determined according to whether authority is granted to the EU or to the Member States. These responsibilities fall into two categories:
exclusive — exercised solely by the Union (for instance, the common agricultural policy); or
shared — exercisable either by the Union or by Member States, for example in relation to transport policy.
The boundary has been defined by the case law of the Court of Justice of the European Union and is founded on the doctrine of implied powers, under which external competence flows from the presence of explicit internal competence held within the Treaties.
This case law is reflected in Article 216 TFEU, which provides that the Union is competent to conclude an agreement where:
the EU Treaties contain such a provision;
concluding an agreement is necessary to attain one of the aims set out in the Treaties;
a legally binding act provides for the conclusion of an agreement; or
concluding an agreement would be liable to affect common rules or change their scope.
With the Treaty of Lisbon’s entry into force, the EU obtained legal personality. It is therefore a subject of international law and is capable of...
EU Law
PRACTICE NOTES
European Commission Enforcement of EU Law Against Member States: Complaints, Articles 258 and 260 TFEU, Procedures, Sanctions and Defences
Article 17(1) TEU entrusts the European Commission with overseeing Member States’ adherence to EU law. The Commission’s chief enforcement mechanism is the general EU infringement procedure, comprising two distinct routes laid down in Articles 258 and 260 TFEU, each with its own subject matter.
Article 258 TFEU seeks a declaration that a Member State’s conduct breaches EU law and that such conduct will cease.
Article 260 TFEU seeks to spur a defaulting Member State to comply with a judgment confirming a failure to fulfil obligations—i.e. recurrent infringements—and has a much narrower scope than Article 258 TFEU (see P Sweden v API and Commission).
This framework therefore distinguishes between ‘first order compliance’ with Treaty obligations and ‘second order compliance’ with judgments of the Treaty regime’s dispute settlement body.
The complaint to the European Commission
Individuals, companies or other private parties whose interests have been harmed by a Member State’s failure to implement EU...
EU Law
PRACTICE NOTES
House of Lords (UK): Composition, Constitutional Role, Procedure, Conventions and Reform to 2024, including the House of Lords (Hereditary Peers) Bill
The upper chamber of the UK Parliament has, over the last century, seen major shifts in its membership and in the constraints on its authority, with the principal political parties pressing for further reform. Even so, it remains central to the scrutiny and revision of legislation. Its judicial functions ended on 30 July 2009; from 1 October 2009, the UK Supreme Court has carried out that role under the Constitutional Reform Act 2005 (CRA 2005). For further detail, see Practice Notes on separation of powers—legislative, executive and judiciary—and on Judges. This Practice Note considers the House in its present guise within the UK legislature.
Origins of the
The concept of Parliament can arguably be traced to the eleventh century, with the ‘Witans’: an Anglo-Saxon political body of councils consulted by Saxon kings and attended by religious leaders, magnates and the king’s ministers. In the fourteenth century, two distinct Houses of Parliament emerged. Representatives of towns and counties began meeting separately as members of the House of Commons, while at the same time archbishops, bishops and sometimes abbots...
Public Law
PRACTICE NOTES
Post‑Brexit UK–EU trade models: WTO default, EEA/Norway, Swiss bilaterals, EFTA, Türkiye customs union and Canada‑style FTA; legal features, negotiating positions, red lines and Northern Ireland (Archived)
ARCHIVED : This Practice Note has been archived and is not maintained
From 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which took effect on 1 February 2020. Under the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be regarded as a Member State for many purposes, including trade.
As a third country, the UK can no longer take part in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the limited extent agreed), but the UK must continue to comply with EU law and remain subject to the continuing jurisdiction of the Court of Justice of the European Union in line with the transitional arrangements in the Withdrawal Agreement.
The UK may commence trade discussions with non-EU countries as an independent trading nation, provided any trade agreements reached with third countries do not come into force during the transition period. For background reading, see: Brexit—introduction to the Withdrawal Agreement...
Public Law
PRACTICE NOTES
Primacy of EU Law: CJEU Foundations, Constitutional Interactions, Post-Lisbon Status and Recent Challenges by German, Polish and Romanian Courts
Scope of supremacy
As first composed, the EU Treaties lacked any clause expressly assuring the supremacy, otherwise termed the primacy, of EU law. In practice, the Court of Justice’s deployment of the supremacy principle has largely secured the uniform application of EU law throughout the Member States; absent this doctrine, EU law would lose its integrative force. Supremacy is therefore a judicial creation, and the Court of Justice’s steadfast adherence to it is the clearest explanation for the sophisticated and profound integration achieved between the Member States. Through a succession of seminal rulings, the Court of Justice, alongside national courts, has shaped and entrenched the doctrine, seeking to delineate how European law relates to national law, including national constitutional law. Equally, one must recognise the substantive role of national courts in sustaining supremacy by making EU Treaty rights effective for citizens within the domestic legal order. In this way, the concepts of direct effect, indirect effect, and state liability have been developed. Together, these judicial techniques support the uniform application of EU law and embed EU Treaty rights within domestic legal systems. Without them, the integrative effect of EU law across the Member States would be severely diminished in practice...
EU Law
PRACTICE NOTES
Royal Charters: UK framework on establishment, governance, judicial review, corporate powers and restrictions, amendment and surrender
What is a Royal Charter?
The meaning of the term ‘Royal Charter’ has shifted over the centuries. At first, it was the method by which the Crown bestowed corporate personality on bodies of persons undertaking activities for public, or private, benefit. In contemporary use it largely signifies an honorary status, awarded to distinguished professional bodies or charitable organisations that can show a record of achievement and are regarded as financially sound by the Privy Council. The expression is also applied to municipal charters, which create towns and cities.
Historical usage
Securing a Royal Charter was the earliest route to obtain corporate personality for bodies of persons carrying out activities for public, or private, benefit.
Key early grants included:
The University of Cambridge in 1231 for public benefit;
The Sadlers Company in 1272 for private benefit.
Beyond educational institutions, such as universities, and livery companies, the Royal Charter became increasingly associated with groups of persons practising a profession. This began with the Royal College of Physicians of London in 1518 and has since come to be synonymous with regulated, high standards. Charters were later granted to major economic institutions...
Public Law
PRACTICE NOTES
The Judiciary of England and Wales: structure, independence, integrity, recusal, open justice, appointments, discipline, and the roles of the Lord Chancellor and Lord Chief Justice
The judicial branch
The judicial branch of government in England and Wales acts independently from the executive and legislature, and remains institutionally distinct, and comprises the Senior Courts: the Court of Appeal, the High Court and the Crown Court. County Courts and the magistrates’ courts form another tier of the judiciary. The Constitutional Reform Act 2005 (CRA 2005) made provision for a Supreme Court to serve as the UK’s ultimate court of appeal. The UK Supreme Court came into being in October 2009, supplanting the Appellate Committee of the House of Lords as the nation’s highest court. It stands apart from the Courts of England and Wales, as it also functions as the Supreme Court for Scotland and for Northern Ireland. Judges and magistrates are appointed by, and derive their authority from, the Crown. They must, however, exercise that authority lawfully, adhering to established and articulated procedures. Accordingly, the proper operation of the judiciary depends upon independence, neutrality and freedom from political or other influence, whether direct or indirect, when interpreting the law and resolving disputes at every level and in every forum. For further detail on the separation of powers, see Practice Note: Separation of powers: legislative, executive and judiciary...
Public Law
PRACTICE NOTES
Transposition of EU Directives: Member States’ obligations, implementation techniques, enforcement and direct effect, with archived guidance on pre‑Brexit UK practice
The transposition of EU Directives
The transposition of EU Directives is the means by which Member States give legal effect to Directives within their own national systems. Unlike EU Treaty provisions and EU Regulations, which apply directly, Directives require domestic implementation, typically through primary or secondary legislation. They are the preferred legislative tool where national rules must be adjusted. Putting a Directive into national law ensures EU citizens can fully access the relevant rights and obligations. While Directives are binding as to the outcome, states remain free to select the form of implementation, but may not change the Directive’s substance. They must also implement within the specified deadline.
The Council of the EU
The Council together with the European Parliament
The European Commission
Obligation to transpose EU Directives
Under Article 4(3) TEU, Member States owe a duty of loyal or sincere cooperation. Article 4(3) TEU guarantees the effectiveness of EU law within the Member States...
EU Law
PRACTICE NOTES
UK constitutional monarchy and Parliament: the Crown’s powers, conventions, royal prerogative, State Opening, dissolution and prorogation, Royal Assent and consents, hung Parliaments, and succession
Who is the Head of State?
The monarch serves as Head of State and is formally:
the State’s Supreme Executive Officer
the Supreme Governor of the Church of England
the titular commander-in-chief of the three services of the armed forces (army, navy and air force)
the fount of justice and of all titles of honour, distinctions and dignities
Foreign affairs—including treaty-making and the declaration of war and peace—are carried out by the executive in the monarch’s name, known as the exercise of the royal prerogative. Without a single written constitution, the Crown stands as the State’s symbol, with the monarch acting as a figurehead through significant ceremonial roles, such as the State Opening of Parliament.
Relationship with Parliament
The Crown’s reliance on its people is mirrored in its relationship with Parliament. In earlier periods, the monarch personally exercised the State’s supreme executive, legislative and judicial authority. Through modern history—particularly after the enforced abdication of James II and the Bill of Rights 1688—the monarchy’s role has shifted to that of a public institution acting as...
Public Law
PRECEDENTS
Template: EU acquis to United Kingdom legislation transposition and compliance table [Archived]
EU acquis United Kingdom legislation
[ Provide the full title of the EU act, including the Official Journal citation ] [ List all current UK legislation that relates to the EU act ] 1 2 3 4 5 6 7
EU provision Content UK legislation Content Compliance Remarks Essential amendments to UK legislation
[ Set out each article, paragraph and sub‑paragraph ] [ Place each provision on a separate line ] [ Insert the complete text of the EU act ] [ Identify the relevant section of the UK legislation ] [ Insert the complete text of the UK legislation ] [ F—full compliance OR P—partial compliance OR N—non‑compliance OR N/A—not applicable ] [ Explain why the legislation is or is not compliant ] [ Provide details ]...
Public Law
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