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ARTICLE · 10 AUGUST 2023

Retained EU Law: 10 Key Questions

Travers Smith LLP
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The UK's departure from the European Union has not led to all EU-derived law being jettisoned; on the contrary, a significant proportion of it has been kept and the UK now has a new category of "retained EU law".

European UnionGovernment, Public Sector
Ben Chivers
Ben Chivers
Jonathan Rush
Jonathan Rush
Rachel Woodburn
Rachel Woodburn
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The UK's departure from the European Union has not led to all EU-derived law being jettisoned; on the contrary, a significant proportion of it has been kept and the UK now has a new category of "retained EU law". This briefing explains what retained EU law is and why it's important. It also looks at a number of important "separation issues", such as whether you can still claim for a breach of EU law which occurred before the end of the Brexit transition period.

Important: The Retained EU Law (Revocation and Reform) Act 2023 will make significant changes to the treatment of retained EU law, largely with effect from 2024 onwards; see our briefing for more information. This guide describes the position until the end of 2023, at which point we plan to amend it to reflect the new legislation. This guide was first published in February 2022 but has been updated periodically, most recently in August 2023.

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