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EU law: what's retained?
29 March 2021
The European Union (Withdrawal) Act 2018 created "retained EU law" to fill the gap left by EU law following the United Kingdom's withdrawal from the EU unless or until the UK parliament legislates to replace it. Many of the rules remain familiar, but their legal status and how they are interpreted, enforced, and adjudicated upon is fundamentally different. In this article, Charles Brasted and Andrew Eaton provide a practical toolkit for interpreting retained EU law in a post-Brexit UK.
The European Union (Withdrawal) Act 2018 created "retained EU law" to fill the gap left by EU law following the United Kingdom's withdrawal from the EU unless or until the UK parliament legislates to replace it. Many of the rules remain familiar, but their legal status and how they are interpreted, enforced, and adjudicated upon is fundamentally different. In short, the constitutional framework of these rules is new and untested in the courts.
In this article, Charles Brasted and Andrew Eaton provide a practical toolkit of questions to ask when interpreting retained EU law and assessing its implications for the UK's legal and regulatory environment post-Brexit.
The article was first published in NLJ: www.newlawjournal.co.uk
Authored by Charles Brasted and Andrew Eaton.
London
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