Equivalence and effectiveness
Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London
Equivalence and effectiveness

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:

  • Equivalence and effectiveness
  • Development of the principles
  • Emergence of the effectiveness principle—the standard of impossibility
  • Strict standard of effectiveness—full and effective protection
  • Adjustment of the test—excessive difficulty

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect on 1 February 2020. In accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be treated as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. For background reading, see: Brexit—introduction to the Withdrawal Agreement. We are reviewing our content on the basis of information available and will keep it under review during the implementation period. Meanwhile, for updates on key Brexit developments and the implications for UK lawyers, see: Brexit Bulletin—key updates, research tips and resources. For further guidance, see: Brexit toolkit. You may find it useful to refer to this material before continuing your research.

Development of the principles

Under the principle