Assimilation of retained EU law Section 3: Abolition of Supremacy of EU law
This section makes amendments to section 5 of EUWA which applies the principle of the supremacy of EU law in relation to any domestic legislation made on or before 31 December 2020. This section repeals the principle at the end of 2023 in relation to any domestic legislation, whenever made.
	The supremacy principle in EU law means that EU law has the status of a superior source of law within the legal systems of the EU’s member states. Domestic laws must give way to EU law if they are found to be inconsistent with it. Sometimes referred to as the principle of the primacy of EU law, this core rule of EU law was established in the case law of the CJEU, beginning with Case 6/64 Costa v ENEL EU:C:1964:66.
	A number of EU law propositions are founded on the supremacy principle, which have continued to operate through section 5 of EUWA and other provisions insofar as they relate to the relationship with domestic legislation made on or before 31 December 2020, including in particular:
the principle of consistent interpretation, requiring that, so far as possible, domestic courts must interpret national legislation consistently with provisions of EU law that they give effect to;
the conflict rule requiring domestic legislation to give way to provisions of RDEUL (see glossary), where a consistent interpretation of the two is not possible;
the direct effect of rights and obligations contained in provisions of EU law that are not RDEUL, which domestic legislation must give way to in the event of inconsistency, if those rights and obligations are sufficiently clear, precise and unconditional to have direct effect; and
the principle that courts should interpret domestic legislation and RDEUL consistently with relevant general principles of EU law.
	All of these aspects of the principle are addressed in sections 2 to 8 of the Act.
	In particular, section 3 (1) and (3) effect the repeal of the supremacy principle by replacing subsections (1) to (3) of section 5 of EUWA with new subsections (A1) to (A3).
	Subsection (A1) ends the principle of supremacy after the end of 2023 in relation to all domestic legislation, whenever made. This has the effect of removing the principle of consistent interpretation in relation to all domestic legislation, and the conflict rule requiring domestic legislation to give way to RDEUL where a consistent interpretation is not possible.
	Subsection (A2) establishes a new priority rule following the repeal of the supremacy principle, requiring RDEUL to be read and given effect in a way which is compatible with standard domestic legislation and, where the two conflict, for domestic legislation to take priority over RDEUL.
	Subsection (A3) makes the new priority rule set out in subsection (A2) subject to section 186 of the Data Protection Act 2018 (DPA). Section 186 makes more specific provision as to the relationship of priority between various provisions of data protection legislation concerning data subject's rights, and other prohibitions and restrictions. Section 186 provides that any other enactment or rule of law that seeks to prohibit or restrict the giving of information or withholding of information applies only to the extent that it does not interfere with the obligations and rights in relation to personal data contained in specified provisions of the UK GDPR and DPA 2018. The only restrictions that can exist in relation to those obligations and rights are specified exemptions contained in the UK GDPR and DPA.
	Subsection (A3) also provides that the new priority rule set out in subsection (A2) is subject to any provision to the contrary made in exercise of the power in section 7(1). That power enables secondary legislation to be made that specifies that domestic legislation, or specified provisions of that legislation, should be read and given effect in a way which is compatible with specified pieces of RDEUL, or specified provisions within that RDEUL, and that the relevant piece or provision of RDEUL should take priority where it conflicts with the relevant piece of domestic legislation.
	Subsection (3) also: (a) amends section 5(7) of EUWA so that the provisions of section 5 of EUWA, as amended by this Act, remain subject to relevant separation agreement law as defined in section 7C of EUWA. "Relevant separation agreement law" is defined in section 7C(3) of EUWA and includes REUL required to implement the Withdrawal Agreement, EEA-EFTA separation agreement and Swiss citizens' rights agreement; (b) makes a consequential amendment to section 7(5)(a) of EUWA, in respect of its cross-reference to section 5 of EUWA, and (c) repeals paragraph 5(2) of Schedule 1 to EUWA. That paragraph clarifies how the principle of supremacy applies in the context of REUL, and will no longer be relevant following the repeal of the principle of supremacy.
	Subsection (2) defines in section 5 of EUWA a "domestic enactment" as an enactment, other than one consisting of RDEUL. Following the changes being made by this section therefore, all enactments which are not RDEUL will take priority over RDEUL where they conflict.
	Section 22(5) provides that the changes given effect by this section do not apply in relation to events or acts occurring before the end of 2023. Accordingly, they do not affect legal proceedings after that date that relate to acts or events which took place before that date.