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Email 2: 1.2 European Court of Justice (ECJ) Judgements
Pre-Brexit judgments of the ECJ have legal status in the UK post Brexit but has changed its importance since Brexit (Smith, 2024). These judgments continue to constitute part of the domestic law of the United Kingdom but they are not considered as directly applicable as they used to be following the Brexit.
Any judgment delivered by the ECJ prior to 31 January 2020 is still valid law in the UK, to the extent that it has been adopted as part of domestic legislation during the transition period as defined under the EuBR. This is the case since the UK has kept European Union based laws through the European Union (Withdrawal) Act 2018. These judgments are classified as ‘retained EU law’ meaning they are applicable where they have not been amended or repealed by UK statute law (Law Society, 2024).
ECJ judgments made before Brexit are binding on lower UK courts, such as employment tribunals, unless overridden by the UK Supreme Court or Court of Appeal. More recent courts, including the Supreme Court, have no obligation to adhere to ECJ decisions but it might look at those decisions while interpreting existing retained EU law. For instance, the decision in Working Time Directive: House of Lords and the European Court of Justice on rights to holidays leave are significant e- case in UK employment law and are still relevant in any claim of Employees’ pay and working hours’ entitlement.
The judgements cannot be entirely disregarded. Even though the UK courts are able to choose not take into consideration ECJ cases as setting precedents, UK courts should ensure they follow this route carefully taking into consideration the developing legal……
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