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ARTICLE · 13 MARCH 2019

Retained EU Law - A Practical Guide

Gowling WLG
Gowling WLG
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Gowling WLG

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Retained EU law is a legal term introduced into UK law under the European Union Act 2018.

European UnionGovernment, Public Sector

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.

What is retained EU law?

EU law takes effect in the UK through the European Communities Act 1972 (ECA 1972). The ECA 1972 will be repealed by section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) on 'exit day.' Exit day is defined in the section 20 of the EU(W)A 2018 as 11pm on 29 March 2019.

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