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Retained EU law―a practical guide [Archived]

Retained EU law―a practical guide [Archived]
Published on: 25 February 2019
Published by: LexisPSL
  • Retained EU law―a practical guide [Archived]
  • What is retained EU law?
  • When will the snapshot of retained EU law be taken?
  • What will the snapshot capture?
  • How are existing ambulatory references to EU law treated? How far do the provisions on interpretation of ambulatory references stretch? Do they extend to contracts or other legal documents?
  • What are the key rules for application/interpretation of EU-derived laws in the UK pre-/post exit 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?

Article summary

Public Law analysis: Retained EU law is a legal term introduced into UK law under the European Union (Withdrawal) Act 2018. It captures EU-derived rights and legislation the government intends to retain and preserve in UK law for legal continuity after Brexit. There is no specific list of retained EU law for lawyers to refer to. It is a matter of statutory interpretation. A must-read for lawyers looking to understand this new legal concept, in this analysis Kieran Laird, director 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. or take a trial to read the full analysis.

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