• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Free ACCA & CIMA online courses from OpenTuition

Free ACCA & CIMA online courses from OpenTuition

Free Notes, Lectures, Tests and Forums for ACCA and CIMA exams

  • ACCA
  • CIMA
  • FIA
  • OBU
  • Books
  • Forums
  • Search
  • Register
  • Login
  • ACCA Forums
  • Ask ACCA Tutor
  • CIMA Forums
  • Ask CIMA Tutor
  • FIA
  • OBU
  • Buy/Sell Books
  • All Forums
  • Latest Topics

20% off ACCA Books

Books for Sept'23 ACCA exams
Get your discount code >>

ACCA June '23 Exams

Instant Poll
Read & post comments >>

New! Ask ACCA AI Tutor

Post your questions
& get instant answers >>

RATIO DECIDENDI

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › RATIO DECIDENDI

  • This topic has 1 reply, 2 voices, and was last updated 1 month ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • April 15, 2023 at 10:00 pm #682675
    Abreakzpio
    Participant
    • Topics: 2
    • Replies: 5
    • ☆

    Due to Brexit is the ratio of the European Court of justice binding on English courts?

    April 16, 2023 at 8:11 am #682683
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 22856
    • ☆☆☆☆☆

    Good question! In so far as the day-to-day running of the UK, the Brexit decision has ‘taken back control’ such that ECJ is no longer the final decision maker vis-a-vis internal legal disputes.

    HOWEVER!!! Because of the geographical location of Northern Ireland and its juxtaposition with the Republic of Ireland, there remains a problem. As a result of the Brexit vote, there exists an issue whereby Northern Ireland, an important part of the United Kingdom, has to have controls imposed whereby there is not available the free movement of goods between NI and Europe. This is generally and issue governed by the ‘Northern Ireland Protocol’

    For this ‘Protocol’ to work, there needs to be oversight in order to ensure the ongoing legality of, for example, the trade between the UK through Northern Ireland and Europe in the form of the Republic of Ireland. And therein lies the rub.

    The oversight that is established and that regulates and determines the meaning of the Northern Ireland Protocol is the Court of Justice of the European Union (the European Court of Justice in common parlance).

    There is a lot of sabre rattling in UK at the moment trying to remove the ECJ from this oversight position but, at the same time, the EU has stated that there is no way that ECJ will be removed from their oversight responsibilities because it is ONLY the ECJ that has the authority to interpret EU law.

    In established decisions of the ECJ, of which UK was an active participant, I imagine that previous Ratio Decidendi will continue to be binding but any post-Brexit case ratios will not apply … unless they involve the UK through the NI Protocol.

    In brief … what a mess!

    OK?

  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.
Log In

Primary Sidebar

ACCA News:

Changes to the SBL exam from September 2023

ACCA My Exam Performance for non-variant Applied Skills exams is available NOW

NEW! Download the ACCA Pass Guide

FREE Verifiable CPD for ACCA Members

ACCA mock exams and debrief videos

ACCA Options:  “Read the Mind of the Marker” articles

Subscribe to ACCA’s Student Accountant Direct

 

Donate

If you have benefited from OpenTuition please donate.

ACCA CBE 2023 Exams

Instant Poll * How was your exam, and what was the result?

BT CBE exam was.. | MA CBE exam was..
FA CBE exam was.. | LW CBE exam was..

Specially for OpenTuition students

20% off BPP Books

Get BPP Discount Code

Latest comments

  • mariochase24 on FM Chapter 7 Questions – Investment appraisal – methods
  • adaacca on The valuation of securities – The valuation of equity – ACCA Financial Management (FM)
  • komoszeczka on PM Chapter 1 Questions Activity based costing
  • John Moffat on FM Chapter 7 Questions – Investment appraisal – methods
  • mariochase24 on FM Chapter 7 Questions – Investment appraisal – methods

Copyright © 2023 · Support · Contact · Advertising · OpenLicense · About · Sitemap · Comments · Log in


We use cookies to show you relevant advertising, find out more: Privacy Policy · Cookie Policy