David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association
‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’
UK Constitutional Law Association, 11th January 2021
Source: ukconstitutionallaw.org
