Introduction to retained EU law
Introduction to retained EU law

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • Introduction to retained EU law
  • What is retained EU law?
  • How is retained EU law defined?
  • EU-derived domestic legislation
  • Direct EU legislation
  • Saving for certain rights etc recognised under ECA 1972 s 2(1)
  • Summary of inclusions and exclusions
  • Publication of retained EU law
  • Retained case law
  • Modification of retained EU law
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for public law?

This Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and concepts with reference to the relevant provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018).

Examination of broader provisions of the EU(W)A 2018, and the particular arrangements and variations for the UK devolved administrations, is beyond the scope of this Practice Note. Assessment of specific instruments, provisions or rights etc (as to whether or not they are retained) is also out of scope.

What is retained EU law?

Retained EU law is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition period. It is a defined term under the EU(W)A 2018, and the collective term given to the body of EU-derived laws preserved and converted into domestic UK law when the repeal of

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