University of Leicester

ARCHIVED: This Practice Note explains the operation of the EU withdrawal process under Article 50 of the Treaty on European Union (TEU) and identifies some of the key issues and consequences arising in the context of the UK becoming the first Member State to withdraw its membership of the EU.

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 and 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.

This Practice Note outlines the key steps in the procedure involved for the Commission to bring an infringement action against the UK under TFEU, art 258 and how the UK may respond to such an action. It also examines the operation of TFEU, art 260 and what defences are open to a member state in infringement proceedings.

This Practice Note outlines the implications of an infringement of EU law for a member state and the various mechanisms, whether in the Court of Justice or in national courts 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 considers the interpretation of legislation by the Court of Justice and by national courts and how this seeks to secure the effective application of EU law. It considers the obligations of the Court of Justice when interpreting EU legislative acts and how national courts use the interpretative technique of indirect effect in order to give effect to EU law within the domestic legal order.

EU legislation which is not directly applicable can be enacted either by primary or secondary legislation in the UK. 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.

This Practice Note outlines the key obligations for member states when transposing EU Directives and the consequences for member states should they fail to incorrectly implement a Directive.

This Practice Note aims to outline the practice, procedures and objectives of parliamentary scrutiny of EU legislation and policy within both Houses of Parliament.

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 is guaranteed in the UK through the European Communities Act 1972 (ECA 1972) and the extent to which this has impacted upon the principle of parliamentary sovereignty.

This Practice Note outlines the current arrangements for UK participation in the area of freedom security and justice and how the UK has chosen to exercise the prerogatives which were available under TFEU, Protocol 36 to participate in certain provisions. It also outlines the operation of the transitional provisions which ended on 30 November 2014 and how the UK has reacted to the end of the transitional provisions and the procedure used by the UK to formally opt in to 35 measures.

An explanatory memorandum accompanies every EU legislative proposal laid before the UK Parliament and describes the general impact of the EU Proposal including its financial, legal and policy implications and whether the measure is, in the government’s view, compatible with the principle of subsidiarity in TEU, art 5. This precedent provides a framework for this document.

Each legislative proposal from the EU Commission contains within the Impact Assessment a Subsidiarity Statement explaining the choice of Treaty base and how the proposed legislation complies with the principle of subsidiarity. This Precedent provides a framework for the document.

This precedent guides legislation drafters in transposing EU Directives into UK legislation, providing a template for planning provision by provision the relationship between the EU Directive and UK legislation. They are used by Cabinet Committees for notification and clearance and form the basis of transposition notes attached to consultation and legislation.