The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/673

2019 No. 673

Exiting The European Union

European Union

The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019

Made 26th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 1(2)(b) of Schedule 1 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 20181.

In accordance with paragraph 9(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Regulations may be cited as the Challenges to Validity of...

1. These Regulations may be cited as the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 and come into force on exit day2.

S-2 In these Regulations— “TFEU” means the Treaty on the...

2. In these Regulations—

“TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto;

“the relevant UK authorities” means a Minister of the Crown (or a person nominated by him), the Scottish Ministers, a Northern Ireland department, and the Welsh Ministers;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 19753.

Challenges which may continue relating to the validity of EU instruments
S-3 Challenges which may continue relating to the validity of EU instruments

Challenges which may continue relating to the validity of EU instruments

3.—(1) Paragraph 1(1) of Schedule 1 to European Union (Withdrawal) Act 2018 does not apply in relation to a challenge to retained EU law where—

(a)

(a) the challenge is on the basis that, immediately before exit day, an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before exit day; and

(b)

(b) the challenge relates to proceedings begun, but not finally decided, in a court or tribunal in the United Kingdom before exit day.

(2) A challenge falls with paragraph (1) whether or not, before exit day, the court or tribunal has made a preliminary reference to the European Court under Article 267 TFEU in relation to that challenge.

Remedies
S-4 Remedies

Remedies

4.—(1) In any proceedings to which regulation 3 applies, where the court or tribunal finds an EU instrument invalid on any of the grounds set out in the second paragraph of Article 263 TFEU, it may declare it void.

(2) A declaration made under paragraph (1) has the same effect as if the EU Instrument had been declared void by the European Court under Article 264 TFEU in a case decided before exit day.

(3) The court or tribunal may, if it considers this necessary, state which of the effects of the EU instrument which it has declared void shall be...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT