Before Brexit, European Union (EU) law had a significant impact on statutory interpretation in the UK. The UK was a member of the EU, and as such, EU law had direct effect in the UK and took precedence over conflicting UK law. Here are some ways in which EU law impacted statutory interpretation:
The principle of supremacy: EU law was considered to be supreme over UK law, meaning that if there was a conflict between EU law and UK law, EU law would take precedence. This principle had an impact on how judges interpreted UK statutes, as they had to take into account the requirements of EU law.
Regulations: EU regulations had direct effect in the UK, and were automatically incorporated into UK law. When interpreting UK statutes that interacted with EU regulations, judges had to take into account the requirements of the regulation and ensure that the UK law was consistent with the regulation.
Directives: EU directives were binding on the UK, and had to be transposed into UK law. When interpreting UK statutes that implemented EU directives, judges had to take into account the requirements of the directive and ensure that the UK law was consistent with the directive.
EU case law: EU case law from the European Court of Justice (ECJ) had an impact on how UK courts interpreted EU law. UK courts were required to interpret EU law in accordance with the rulings of the ECJ, and had to ensure that UK law was consistent with EU law.
EU law had a significant impact on statutory interpretation in the UK before Brexit. The principles of EU law, as well as EU directives, regulations, and case law, all had to be taken into account by UK judges when interpreting UK statutes that interacted with EU law.
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