Retained EU law—quick guide
Retained EU law—quick guide

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

  • Retained EU law—quick guide
  • Is it within the scope of the definition of retained EU law?
  • Is it EU-derived domestic legislation?
  • Is it direct EU legislation?
  • What does operative mean?
  • What about the recitals?
  • Is it a saved right, power, liability, obligation, restriction, remedy or procedure?
  • Is it exempt or excluded?
  • Is it modified (in whole or in part) by other legislation?
  • Are there additional rules or authorities impacting the status and interpretation of retained EU law?
  • More...

Retained EU law—quick guide

Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended, in connection with Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved in domestic law after the Brexit transition period (referred to in the EU(W)A 2018 and associated legislation as IP completion day).

Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, s 6(7), as anything which continues to form part of domestic law on or after IP completion day by virtue of EU(W)A 2018 ss 2, 3, 4, 6(3) or 6(6) (as that body of law is added to or otherwise modified by domestic law from time to time). There is no official list verifying which laws fall inside or outside the scope of retained EU law.

Determining whether a certain EU-derived legal provision is retained in domestic law after IP completion day (and to what extent) is a matter of statutory interpretation. Set out as a series of questions, this quick guide provides a non-exhaustive checklist of some of the key authorities and considerations, as an aid to that process of determination and interpretation.

For initial background reading, see Practice Note: Introduction to retained EU law.

Is it within the scope of the definition of retained EU

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