The following Public Law guidance note Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP provides comprehensive and up to date legal information covering:
EU law has formed part of UK law since the UK acceded to the European Economic Community in 1973. As a result, EU law can be invoked in judicial review proceedings in the English courts:
as a ground for challenging domestic law or a decision of a public body
to inform the interpretation of domestic (primary or secondary) legislation, and
where domestic law or a decision of a public body relies on EU legislation that a claimant seeks to challenge as invalid
The application of EU law in the English courts has also had an impact on judicial review procedure. This Practice Note deals primarily with the impact of EU law on judicial review in the context of the UK being an EU Member State. However, the last section of this note addresses the position after the UK's withdrawal from the EU.
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 (aka 'Brexit'). On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU, see News Analysis: Brexit: UK Article 50 TEU notification starts the clock—what happens now? Article 50 TEU specifies a two-year period for the UK
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