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Brexit and EU law rights

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At the end of the Brexit ‘implementation period’ on 31 December 2020 the relationship between UK and EU law fundamentally changed. In some respects those changes are retrospective applying to cases decided after 31 December 2020 but relating to facts occurring before then. For example no matter how long ago the facts of the case occurred a UK court can no longer refer any EU law issues to the CJEU; it must decide them itself. Nor will any future CJEU judgments be binding on a UK court (except where it made a reference before 31 December 2020). It is however doubtful whether the superior appellate courts’ new power to depart from prior CJEU decisions applies in cases relating to facts occurring before 31 December 2020. The ban on new claims based on ‘general principles of EU law’ is retroactive but may to...

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