House of Commons research briefing: The Status of “Retained EU Law”

The House of Commons Library have published a research briefing on “Retained EU Law” which will created by the EU (Withdrawal) Act 2018.

The briefing outlines the legal process and implications, and explains that the UK will retain the following EU law:

  • EU regulations, decisions and tertiary legislation and elements of the EEA agreement (as they existed on exit day);
  • domestic legislation passed to implement EU directives (and other EU law);
  • most general principles of EU law (as they existed on exit day);
  • most rights and obligations that currently exist in domestic law because of s. 2(1) ECA (as they existed on exit day); and
  • relevant case law of the Court of Justice of the European Union issued before exit day (though the UK Supreme Court and High Court of Justiciary need no longer follow it).

But specifically will not retain:

  • the Charter of Fundamental Rights of the European Union;
  • the legislative instruments known as EU directives themselves (as opposed to
  • the legislation implementing them or rights and obligations under them, which will be retained);
  • the principle of supremacy of EU law (for prospective legislation); and
  • the Francovich principle of state liability (in relation to post exit facts).

Find out more about Retained EU Law.