One of the major implications of Brexit is the United Kingdom having to disentangle herself from EU law. The supremacy of EU law over the law of Member States has always been at the core of the EU, and the next two years of negotiations and wrangling over the future of the United Kingdom post-Brexit will show whether the supremacy of EU law still holds, or whether it no longer takes precedence.
Supremacy of EU Law – What it Means
The supremacy of EU law is a principle whereby any conflicts between European law and the law of Member States is to be resolved in the favour of EU law. This principle is not always followed, however, as the courts of Member States will reserve the right to review the constitutionality of European law under their own constitutional law. Furthermore, the Court of Justice of the European Union (CJEU) will often leave certain decisions to the discretion of the Member State, especially in cases that relate to policy decisions.
In the United Kingdom, the supremacy of EU law was established in the landmark case known as Factortame. The ruling by the House of Lords promulgated that Parliament had acceded to the supremacy of EU law voluntarily, and that the scope of acts of parliament were limited by EU law or could even be ‘disapplied’ – so effectively ignored in certain cases, which constitutes a limit to the sovereignty of Parliament. The ruling in Factortame also meant that the courts of the United Kingdom could override any national law that was found to be in conflict with directly effective EU law, a clear illustration of the supremacy of EU law over the United Kingdom’s national law.
Supremacy of EU Law – What the Future Holds
Since the Brexit vote, the supremacy of EU law has come into question, with thoughts now turning to how the United Kingdom should extricate herself from the laws of the EU. Whilst the regulations and statutory instruments of the EU will be transferred into the law of the United Kingdom, meaning there will be residual EU law within the United Kingdom’s legal system, the Supreme Court of the United Kingdom would be able to disregard rulings from the CJEU. However, if a clean break is made from the EU, and EU laws are no longer enforceable in the United Kingdom, we would see the end of EU laws on border controls and workers’ rights, amongst other freedoms that are currently enjoyed.
Given that there are still to be two years’ of negotiations until the United Kingdom leaves the EU, judgments derived from EU law will be binding until exit day. It is likely also that, even after the United Kingdom leaves the EU, rulings from the EU courts will be taken into account (but not binding) when judgments are given in the United Kingdom. Decades of membership and the numerous judgments passed through the prism of EU law will ensure that Brexit will not be as clean a break as some would like. However, senior judges have said that the UK will not be bound by any decisions of the CJEU, indicating that, after the UK exits the EU, the supremacy of EU law will be at an end.
Using Legal Representation to Make an Immigration and Visa Application the United Kingdom
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an immigration and visa application UK.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Make an Immigration and Visa Application in the United Kingdom
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.