- Retained EU law―a practical guide
- What is retained EU law?
- When is the snapshot of retained EU law taken?
- What does the snapshot capture?
- EU-derived domestic legislation
- Direct EU legislation
- Any remaining ‘rights, powers, liabilities, obligations, restrictions, remedies and procedures’ which are available in domestic law through ECA 1972, s 2(1) prior to IP completion day
- Retained case law and retained general principles of EU law
- Points to note
- How are existing ambulatory references to EU law treated?
- How far do the provisions on interpretation of ambulatory references stretch?
- How are non-ambulatory references dealt with?
- What are the key rules for the application/interpretation of EU-derived laws in the UK post-IP completion day?
- Can retained EU law be challenged? If so, how? Are there any particular areas where a challenge is likely?
- What are your top tips for navigating retained EU law?
Public Law analysis: Retained EU law is a legal term introduced into UK law under the European Union (Withdrawal) Act 2018. It is a bespoke legal concept capturing EU-derived laws, rights and principles retained and preserved in UK law for legal continuity after the transitional arrangements under the Withdrawal Agreement end (IP completion day). There is no specific list of retained EU law for lawyers to refer to. It is a matter of statutory interpretation. In this revisited analysis, Kieran Laird, partner and head of constitutional affairs at Gowling WLG, examines its meaning, scope and status, and provides essential tips for navigating and interpreting retained EU law.
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