Development and Application of Retained EU Law

Retained EU Law, officially renamed as assimilated 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 Retained EU Law (Revocation and Reform) Act 2023 grants the UK government 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.

Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.