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

Consolidated Text As Enacted Cited authorities 8 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/673
Year2019
  • These Regulations may be cited as the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 and come into force on exit day
  • In these Regulations—
    • the challenge is on the basis that, immediately before F5IP completion 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 F5IP completion day; andthe challenge relates to proceedings begun, but not finally decided, in a court or tribunal in the United Kingdom before F6IP completion day.(2) A challenge falls with paragraph (1) whether or not, before F7IP completion day, the court or tribunal has made a preliminary reference to the European Court under Article 267 TFEU in relation to that challenge.(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 F8IP completion 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 considered as definitive.

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