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ARTICLE · 23 MAY 2023

A Sensible Approach To Retained EU Law

Herbert Smith Freehills Kramer LLP
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Kemi Badenoch, the Minister responsible for retained EU law, yesterday announced a change of plan on the abolition of retained EU law and its replacement by purely...

European UnionGovernment, Public Sector
Paul Butcher
Paul Butcher
Dorothy Livingston
Dorothy Livingston

Kemi Badenoch, the Minister responsible for retained EU law, yesterday announced a change of plan on the abolition of retained EU law and its replacement by purely domestic law, available here (and see also a related announcement here). This is reflected in proposed Government amendments to be made during the Report Stage of the Retained EU Law (Revocation and Reform) Bill in the House of Lords next week.

Instead of abolishing all retained EU law not specifically saved (and committing to get rid of even that body of law by end 2026) some 600 pieces of retained EU law set out in the proposed amendments will be specifically repealed and the rest will, under other provisions of the Bill become "assimilated law" and be subject to changes in their status and interpretation designed to ensure the supremacy of domestic law throughout the United Kingdom. In addition, the rights and obligations etc preserved by section 4 of the European Union (Withdrawal) Act 2018 will

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