Retained EU Law refers to the body of European Union (EU) laws that have been incorporated into the domestic legislation of a country following its withdrawal from the EU. It specifically applies to the United Kingdom (UK) after its departure from the EU, known as Brexit. When the UK was a member of the EU, EU laws had direct effect and supremacy over UK law. However, after Brexit, the UK needed to determine how EU laws would be treated within its legal system.
Background: Brexit, which took effect on January 31, 2020, resulted in the UK no longer being a member of the EU. As a consequence, EU laws no longer have automatic application in the UK. However, to ensure legal continuity and stability, the UK government decided to retain certain EU laws as part of its domestic legislation.
Incorporation of EU laws: To incorporate EU laws into UK law, the European Union (Withdrawal) Act 2018 was enacted. This act provided for the conversion of existing EU laws into UK law, thereby creating a body of retained EU law. It ensured that the rights and obligations derived from EU law could still be relied upon and enforced in the UK.
Status and supremacy: Retained EU law has the same status as any other domestic legislation in the UK. It is binding and enforceable within the UK legal system. However, it is important to note that retained EU law is subject to any subsequent amendments or repeals made by the UK Parliament.
Scope and content: Retained EU law encompasses a wide range of legal provisions, including regulations, directives, and decisions that were in force at the time of the UK's withdrawal from the EU. It covers various areas of law, such as trade, employment, environmental regulations, consumer protection, and more.
Interpretation and application: The UK courts continue to interpret and apply retained EU law in line with established principles of statutory interpretation. This means that case law and legal principles developed under EU law can still have persuasive or binding authority in UK courts when interpreting retained EU law.
Modifications and adaptations: To ensure that retained EU law remains workable and effective within the UK's legal framework, certain modifications and adaptations have been made. These modifications may include changes to terminologies, references to EU institutions, and provisions that are no longer relevant after Brexit.
Amendments and repeals: Retained EU law is subject to amendments and repeals by the UK Parliament. The UK government has the authority to modify or remove provisions of retained EU law as it sees fit. This allows the UK to adapt the laws to fit its post-Brexit legal framework and policy objectives.
Relationship with UK law: Retained EU law exists alongside existing UK legislation. Where conflicts or inconsistencies arise between retained EU law and UK law, the UK law will generally take precedence. However, the courts in the UK may still interpret and apply retained EU law when appropriate.
Future developments: The UK government has the power to amend, repeal, or replace retained EU law as it deems necessary in the future. This allows the UK to exercise its sovereignty and make changes to EU-derived laws in accordance with its own legislative processes.
Retained EU law is crucial in ensuring legal continuity and maintaining the rights and obligations derived from EU law within the UK's legal system post-Brexit. It provides a framework for the ongoing application and interpretation of EU-derived laws in the UK, while allowing the UK government to exercise its sovereignty and make any necessary modifications or adaptations to align the law with national interests.
You can learn more about this topic with our EU Law notes.
