University of Leicester
11 Contributions by University of Leicester Experts
PRACTICE NOTES
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
EU Law
PRACTICE NOTES
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
EU Law
PRACTICE NOTES
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
EU Law
PRACTICE NOTES
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
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PRACTICE NOTES
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
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PRACTICE NOTES
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
EU Law
PRACTICE NOTES
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
Public Law
PRACTICE NOTES
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
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PRACTICE NOTES
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
EU Law
PRACTICE NOTES
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
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PRECEDENTS
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 ]...
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