The impact of EU law in judicial review
Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP
The impact of EU law in judicial review

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:

  • The impact of EU law in judicial review
  • What is the status of EU law in English law?
  • When can EU law be invoked in judicial review proceedings in the English courts?
  • The Charter of Fundamental Rights of the EU
  • What impact does EU law have on judicial review procedure?
  • How might the impact of EU law on judicial review change post-Brexit?
  • How will the status of EU law in English law change post-Brexit?
  • What will be the impact of the loss of the Charter on judicial review proceedings?
  • What will be the impact of the EU(W)A 2018 on judicial review proceedings post-Brexit?
  • What will be the impact of a post-Brexit transition or implementation period?

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:

  1. as a ground for challenging domestic law or a decision of a public body

  2. to inform the interpretation of domestic (primary or secondary) legislation, and

  3. 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