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

The following Public Law practice 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 [Archived]
  • What is the status of EU law in English law?
  • When can EU law be invoked in judicial review proceedings in the English courts?
  • Misinterpretation of domestic law in light of EU law
  • Challenging a domestic law or decision by a public body that infringes EU law
  • Challenging the lawfulness of EU legislation upon which a domestic law or decision of a public body is based
  • The Charter of Fundamental Rights of the EU
  • What impact does EU law have on judicial review procedure?
  • Limitation period for judicial review
  • Damages
  • More...

ARCHIVED: This Practice Note has been archived is not maintained.

What is the status of EU law in English law?

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.

EU law was incorporated into the domestic law of the UK by the European Communities Act 1972 (ECA 1972).

EU law is directly applicable, meaning that, where a provision of EU law requires no further act of implementation by the UK, it is recognised as having direct legal effect and is enforceable in English law.

Where a provision of EU law has ‘direct effect’, that is, where

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