SCHEDULES

F2SCHEDULE 1Further provision about exceptions to savings and incorporation

Section 5(6)

Annotations:
Amendments (Textual)
F2

Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)

Challenges to validity of retained EU law

I11

I2C11

There is no right in domestic law on or after F2IP completion day to challenge any retained EU law on the basis that, immediately before F2IP completion day, an EU instrument was invalid.

2

Sub-paragraph (1) does not apply so far as—

I2a

the European Court has decided before F2IP completion day that the instrument is invalid, or

I3b

the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

3

Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

General principles of EU law

I42

No general principle of EU law is part of domestic law on or after F2IP completion day if it was not recognised as a general principle of EU law by the European Court in a case decided before F2IP completion day (whether or not as an essential part of the decision in the case).

I73

1

There is no right of action in domestic law on or after F2IP completion day based on a failure to comply with any of the general principles of EU law.

2

No court or tribunal or other public authority may, on or after F2IP completion day —

a

disapply or quash any enactment or other rule of law, or

b

quash any conduct or otherwise decide that it is unlawful,

because it is incompatible with any of the general principles of EU law.

Rule in Francovich

I64

There is no right in domestic law on or after F2IP completion day to damages in accordance with the rule in Francovich.

Interpretation

I55

1

References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after F2IP completion dayF1by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.

2

Accordingly (among other things) the references to the principle of the supremacy of EU law in section 5(2) and (3) do not include anything which would bring into domestic law any modification of EU law which is adopted or notified, comes into force or only applies on or after F2IP completion day.