- Challenges to the validity of retained EU law
- The rule: limitation of challenges to retained EU law
- What is ‘an EU instrument’?
- What is the impact of this?
- How might this work in practice?
- Scenario 1
- Scenario 2
- Exceptions to the rule
Public Law analysis: In this analysis, Jack Williams of Monckton Chambers, examines the rules concerning challenges to the validity of retained EU law, as set out in Schedule 1 to the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the Challenges to Validity of EU Instruments (EU Exit) Regulations, SI 2019/673 (as amended by the Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020, SI 2020/1503).
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