The status of EU law in the UK after Brexit
Produced in partnership with Carl Gardner of Head of Legal
The status of EU law in the UK after Brexit

The following Public Law guidance note Produced in partnership with Carl Gardner of Head of Legal provides comprehensive and up to date legal information covering:

  • The status of EU law in the UK after Brexit
  • EU Treaties
  • EU Regulations
  • EU Directives
  • Jurisdiction of the Court of Justice of the European Union
  • Effect of Brexit on EU law itself
  • The European Communities Act 1972
  • The Repeal Bill
  • UK 'gateway' for directly applicable and directly effective EU law
  • UK implementation of EU obligations by secondary legislation
  • more

STOP PRESS: The European Union (Withdrawal) Act 2018 (EU(W)A 2018) received Royal Assent on 26 June 2018, see: LNB News 27/06/2018 48 and Brexit Bulletin—European Union (Withdrawal) Bill receives Royal Assent. Certain provisions, including powers to legislate, provisions concerning devolution, parliamentary approval (meaningful vote), financial and other matters entered into force on 26 June 2018. Other key provisions, including repeal of the European Communities Act 1972 and other primary legislation, retention, publication and status of retained EU law, rules of evidence and interpretation (including the definition of exit day) are to be appointed. The EU(W)A 2018 enables the government to use delegated legislative powers to prepare the UK statute book for Brexit. The aim is to introduce legislation necessary to ensure an orderly exit from the EU in UK law, reflecting the preservation/retention of existing EU law in UK law where appropriate and correcting laws as required to ensure they operate appropriately after exit day. We are reviewing our content on the basis of information available and will keep it under regular review as the government’s legislative preparation for Brexit continues. In the meantime, further information on Brexit-related legislation is available in our Brexit legislation tracker.

There are three main types of EU legislation which currently have effect in the legal systems of the United Kingdom (UK):

  1. the EU Treaties themselves