EU/Retained EU Law 2024 Paper 1

Critically evaluate the doctrine of supremacy of EU law as established in Costa v ENEL [1964] and its continued relevance in the context of retained EU law under the European Union (Withdrawal) Act 2018. To what extent does the principle of supremacy survive in domestic law post-Brexit?

Chemico Ltd, a UK-based manufacturer, produces industrial solvents. Following Brexit, a batch of its products was refused entry into France on the grounds that they did not comply with new French environmental labelling regulations introduced in 2023. Chemico argues that the goods were lawfully produced and that the French measures constitute a barrier to trade. Advise Chemico on any rights it may have under retained EU law relating to the free movement of goods, and consider whether the principles established in Cassis de Dijon and Dassonville remain applicable.

Assess the significance of the preliminary reference procedure under Article 267 TFEU for the development of EU law. How has the loss of access to this procedure affected the interpretation of retained EU law in UK courts?

Maria, a Spanish national, was employed by a UK university as a research fellow before Brexit. Following the end of the transition period, the university informed her that her contract would not be renewed because she had not obtained settled status under the EU Settlement Scheme. Maria argues that she has acquired permanent residence rights through five years of continuous lawful residence. Advise Maria on her rights under retained EU law and the Citizens' Rights provisions of the Withdrawal Agreement.

Evaluate the principle of state liability as established in Francovich v Italy and its development through subsequent case law. Consider whether this principle has any continuing application in UK law following Brexit.