University of Leicester

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers some of the possible arrangements for trading with EU Member States post-Brexit, with reference to key trade models and existing economic and trading relationships which have been established between the EU and non-EU countries.

This Practice Note outlines the key external competences of the EU and how they are implemented. The Practice Note also considers the role of the Court of Justice in the field of external competences, especially in connection with determining whether international agreements have direct effect. Finally, the Practice Note summarises the key points of the EU’s Common Foreign and Security Policy (CFSP), which remains an important and developing part of the EU’s external competence.

Under the constitutional monarchy, the monarch plays a key role, which has developed over time. This Practice Note examines the role of Head of State, the operation of conventions and royal prerogatives, the issue of confidentiality, the role of the monarch in opening and dissolution of Parliament, the process of Royal Assent on Bills from the legislature, and succession.

This Practice Note concerns the House of Lords in its existing form as part of the legislature, and not in its former capacity as also part of the judicial system. The House of Lords continues to play a vital role in reviewing and amending legislation.

This Practice Note outlines the implications of an infringement of EU law for a Member State and the various mechanisms through which an infringement may be remedied. Once infringement of individual rights has been established, it will be necessary for the Member State to stop the infringement, remedy the cause of the breach and, if appropriate, compensation will be paid to any individual whose Treaty rights have been infringed.

This Practice Note outlines the key steps in the procedure involved for the European Commission to bring infringement action against an EU Member State under Article 258 of the Treaty on the Functioning of the European Union (TFEU). It also examines the operation of Article 260 TFEU, and considers the potential defences open to a Member State in infringement proceedings.

All judges and magistrates are appointed by and derive their authority from the Crown so that the judicial branch operates independently of the executive and legislature. Focussing on England and Wales, this Practice Note explores the principles of judicial independence, impartiality and integrity, the appointment and disciplining of judges and their written judgments.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the operation of section 2(2) of the European Communities Act 1972 and the use of Statutory Instruments to implement EU legislation within the UK during its membership of the EU.

This Practice Note outlines the key obligations for EU Member States when transposing EU Directives and the consequences for Member States should they fail to do so correctly.

Royal Charters grant corporate personality to professional or charitable bodies, by the monarch. This Practice Note explores the process of establishment, amendment and surrender of Royal Charters and restrictions, including in relation to judicial review.

This Practice Note explains the principle of supremacy and how it has contributed to EU integration. The Practice Note also outlines how the principle of supremacy continues to animate constitutional discussions within the Member States and the Court of Justice.

ARCHIVED: This Precedent has been archived and is not maintained. This Precedent guides legislation drafters in transposing EU legislation into UK law, providing a template for planning provision by provision the relationship between the EU legislation and UK legislation. Transposition tables are used by Cabinet Committees for notification and clearance and form the basis of transposition notes attached to consultation and legislation.

This Brexit Q&A outlines the key principles for establishing whether/to what extent a piece or provision of EU legislation falls within the scope of retained EU law. It focusses specifically on the steps for determining whether a piece of direct EU legislation is caught by section 3 of the European Union (Withdrawal) Act 2018.