The following Public Law guidance note Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London provides comprehensive and up to date legal information covering:
STOP PRESS: On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. The full impact of Brexit remains to be established but the UK will remain an EU Member State, fully subject to EU law, until the moment that it leaves. We are reviewing our content on the basis of information available and will keep it under regular review throughout the withdrawal period. In the meantime, for background reading, links to related guidance and policy documents, plus the latest analysis on the potential impact on our content, please refer to our Brexit overview, see: Brexit—overview.
According to settled case law, the Court of Justice of the European Union (CJEU) has the exclusive competence to declare an Act of the European Union invalid. Under the Treaty on the Functioning of the European Union (TFEU), the validity of an EU Directive can be challenged by:Foto-Frost v Hauptzollamt Lübeck-Ost, Case C-314/85
bringing a direct action for annulment before the CJEU under TFEU, art 263.TFEU, art 263
a challenge before a national court indirectly through TFEU, art 267. The action is directed against the implementing measures adopted by the national authorities to transpose a Directive into national law. The national court hearing the case can ask the Court of Justice to review the validity of the Directive by of the preliminary reference procedure in TFEU, art 267 orTFEU, art 267
a challenge incidentally under TFEU, art 267, attached to a main direct action brought before the CJEU under TFEU, art 263
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